Mediation is an informal process aimed at assisting parties to a dispute to negotiate a settlement. Mediation allows parties to discuss their differences in private with the assistance of a neutral third party. The mediator’s first task is to help each party understand the other party’s view of the matter in dispute, and the second task is to help the parties make an objective assessment of the whole situation in order to reach a settlement. As part of the process, the mediator speaks confidentially to each party, arranges and chairs discussions and acts as an intermediary between the parties. All discussions which take place during mediation are without prejudice. The fundamental difference between mediation and arbitration (and litigation) is that the outcome of mediation is consensus-oriented.
Case Note: Wardman v Macquarie Bank Limited  FCCA 939 Dr Shane Monks Barrister, Level 27 Chambers, Brisbane, Australia View Profile…Read More