Mediation is an organised process steered by an independent mediator, who together with each of the parties identify their issues in dispute, and work with the parties to resolve them.
It is generally a confidential, and a without prejudice process. Your mediator is selected by agreement between the parties but may be appointed by the court or an independent body if parties cannot agree on a selection.
The typical structure for any mediation is to include private sessions between each of the parties and the mediator, as well as meetings with both parties in attendance.
Private mediations are mostly steered by ex-judicial employees, lawyers or other professionals who are subject matter experts relevant to the dispute. Both parties will exchange position papers before the mediation.
The goal is to highlight the critical issues in dispute – ensuring each party can state its position. The mediator won’t offer an opinion or make any determination on the merits of the dispute.