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Mediation is a voluntary process involving the participation of both parties to a dispute and is an alternative to litigation. The parties are required to attend the sessions together. Such sessions are facilitated by a mediator/mediators whose role is to manage the process. The parties are responsible for making all decisions in the mediation sessions, the mediators are there to provide information regarding their respective legal responsibilities and rights and to generate options to assist the parties in reaching agreements which are fair and reasonable.
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The mediators have completed an accredited mediation training with a recognised organisation such as SAAM, and are usually from either the counseling field or are legally trained. It is in the public's interest to select a mediator who is not only appropriately trained but is also a member of an organisation such as SAAM. The reason for this is that they would then be bound by the rules of such an organisation - this would include being bound by the Code of Conduct, disciplinary procedures and they are required to maintain their mediation skills by attending ongoing in-service trainings.
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Mediation is a creative and appropriate alternate dispute resolution mechanism in any situation where parties need to reach agreement. In the family law context, it is used by parties to negotiate their divorce agreement, to mediate issues that arise post-divorce (e.g. choice of school, revisit maintenance and contact, etc.) and for couples that have never married but need to reach agreement around matters involving children and/or property and financial issues.
Family mediation would also be appropriate in more unusual situations. Examples include, issues between siblings related to the financial support of parents, mediation between a parent and a child who has reached majority (18 years) to work out maintenance, etc.
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