The most common form of ADR is mediation but there are other forms which each require careful consideration as all have differing consequences from a time, cost, and risk and quality of outcome perspective. In mediation, a specially trained mediator, through negotiation enables the parties to engage in difficult but respectful dialogue and through negotiation the parties may achieve a settlement. A mediator does not adjudicate between the parties in dispute or make an award; rather the mediator is a neutral person whose role is to help the parties to consider their respective positions objectively from a commercial as well as a legal perspective and to provide them with a voluntary and confidential opportunity to reach their own agreement.

All discussions and documents generated in the course of mediation are privileged and will not be referred to in any Court hearing that might subsequently take place.

The main difference between a mediation and a Court hearing is that a mediator will not decide who is right and who is wrong. He cannot force a settlement on the parties. Until there is a settlement the mediation is non-binding and the parties are free to walk away at any time.

Mediation provides the parties with a unique face to face opportunity to put the case and agree on an outcome.

If agreement is reached, it will be documented and signed. The agreement will then be legally binding.