The mediation process is a structured, confidential meeting in which a neutral mediator helps the parties negotiate their own settlement. The mediator does not decide who is right. In most mediations, the process moves through four stages.
The four stages of mediation
- Opening: the mediator explains the process and the ground rules, and each party sets out its view
- Exploring the issues: the mediator identifies what each party needs, not only what each is claiming
- Negotiation: often in separate private sessions (caucuses) where options are tested in confidence
- Agreement: settlement terms are written down and signed, or the parties record what remains in dispute
Before the session, the parties sign a mediation agreement covering confidentiality and costs. Many mediators also ask for a short written summary of each side's position in advance.
A signed settlement agreement is a binding contract and, where a court case is pending, it can be made an order of court.
Need help with this? See Mediation.
This answer is general information about South African law and does not create an attorney and client relationship. Please speak to the firm about your specific matter.