What is the role of the Mediator?

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The role of the mediator is to facilitate a resolution of your dispute.

The mediator does not act as an arbitrator or judge, they do not make decisions about the rights and wrongs of your dispute. They are merely there to help you negotiate a satisfactory outcome of your dispute in the interests of bringing certainty and an end to your litigation or dispute.

Mediators do not give legal advice to either of the parties. Even where they conduct mediations without lawyers present, they make it clear to the parties that they are not acting in an advisory capacity.

During the course of the mediation, the mediator may be provided with information in confidence. Where that occurs, they will not provide that information to the other party and is they have the consent of the person who gave them the information. Likewise, they will only present an offer of settlement to the other party where they have the consent and agreement of the party wanting to make that offer.

Once agreement is reached, the agreement itself is normally drafted up by any lawyers who are present. Again, the mediator does not get involved in any drafting of a settlement agreement.

This article is not a substitute for legal advice about your own individual situation. Every case can be different so please seek legal advice or contact me direct for advice that applies to you.