So, what is mediation?

Mediation is a process in which the parties agree to appoint a third party neutral to help them negotiate a resolution to a dispute which has arisen between them. Mediations may take place between two parties or between multiple parties with a common problem.

Mediation takes place when two or more parties have a dispute they have been unable to resolve. Mediation is controlled negotiation. It is controlled because the parties negotiate with the assistance of an independent neutral, the mediator. The mediator’s role is not to judge or determine issues in dispute or to impose a solution upon the parties. It is simply to facilitate the parties’ discussions. Usually a consensual process, the parties are typically willing participants – though it can be court mandated.

Browse the sections below :

What is a mediator?

What is a mediation?

Why mediate?

The decision to mediate

The appointment of the mediator

The commencement of the mediation

The mediation meeting

Basic steps of the process...

Setting out the process

Opening statements

Mediator's summary

Brainstorming options

Identifying options which meet the parties’ needs and interests

The settlement


Negotiation basics

Principled negotiation

A comparative example

Remote mediation

Do you need a mediator?

Whether consensual or court mandated, mediation is an essential process for reaching the best possible outcome in complicated disputes. In such situations, the experience and expertise of the mediator is crucial.

If you are in need of mediation for a technology, IP, trade mark, patent or other matter – click the button below to lodge an enquiry via quick form, email or telephone.

Michael Silverleaf