Mediation is an impartial, structured process, yet informal and flexible compared to an adversarial judicial process

Participation can be voluntary, under a court/tribunal order or triggered by an existing contractual agreement. Parties can choose or approve the mediator

It is less expensive than the court system and parties can decide to share or divide the cost

Confidentially between the parties may encourage information sharing and honest disclosures. The mediator being bound by confidentiality improves trust

It is faster and more efficient than the court and legal system

Parties are directly engaged in and maintain control of the dispute resolution process, they are encouraged to identify all of the disputed issues, develop options, consider alternatives and reach a negotiated agreement

Parties reach a mutually agreed resolution and settlement and commit to honouring the agreement because they had a say in finding the solution

Issues with implementation and other consequential matters can be followed up and lines of communication remain open through the mediator if there are impasses and barriers to the good faith agreement

Relationships can be preserved and strengthened as mediation allows for the expression of feelings, psychological, social and economic dynamics

Mediation focusses on problem solving rather than apportioning blame

It assists parties to understand their own and each other’s perspective, issues, motivations and intentions facilitating conversations and genuine participation in the process

Mediated agreements can be comprehensive and customised to include non-monetary and ‘in kind’ solutions that meet the needs of the parties, along with Individual Flexibility Arrangements (IFAs) in single, multi-enterprise and greenfield Enterprise Agreements.