Legal Groundup

Legal Studies from the ground up

Application Excercise 5b

1. Mediation is a civil dispute resolution method that involves an impartial and unbiased third party, referred to as the ‘mediator’, who assists the disputing parties to reach a resolution between themselves by facilitating discussion between the disputing parties. The mediator’s role is to keep communication going between the parties, but they do not offer advice, make suggestions or decide an outcome. The decision in mediation is made by the parties themselves and is not legally binding, which means parties do not have to follow the decision.

2. Advantages of resolving a dispute by using mediation without needing to go to court.


The mediator helps the parties to negotiate an outcome they agree on for themselves.

It takes pressure off the traditional court system.

Is a low-cost and less formal method of resolving a civil dispute.

Is a less time consuming and more efficient alternative method of resolving a civil dispute.

Mediation can produce a win-win solution where both parties feel that they have got something out of the process since they decide the outcome between themselves.

3. Neighbourhood disputes, workplace disputes

4. The mediator will explain the process and manage the discussions. They will:

  • allow all parties a chance to have their say
  • make time for all issues and options to be explored
  • help the parties reach a practical solution
  • ensure fair and respectful negotiations
  • ensure parties are not disadvantaged during the mediation

The mediator does not:

  • take sides
  • make a decision
  • make suggestions
  • give legal advice.