What is facilitative mediation?

A process of dispute resolution that takes the form of a discussion, with two (or more) participants to a dispute, facilitated by a mediator. During the discussion options for resolution are explored and agreed in a non adversarial environment.


Participants have an opportunity to consider the circumstances of their dispute beyond the formal presentation of persuasive evidence. This is the creation of a space for confidential discussion; and through the exchange of ideas, observations, perceptions, facts and opinions about the dispute this discussion will explore possible outcomes and terms of a resolution.


Perhaps most significantly, facilitative mediation is your chance to end a dispute - confidentially - on terms you agree, not those determined by others.


Who chooses mediation?

The short answer is that anyone interested in resolving a dispute can suggest mediation to the other party. The nature and context may be a commercial dispute over a contract, a civil dispute or an employment, workplace  or housing situation where a disagreement has turned into a dispute.


If mediation is suggested, and agreed by the other party/parties to the dispute, it offers an opportunity to have a conversation without limits; parties learn more about their dispute in a securely confidential space. It may be that one party’s understanding of the facts are incomplete, or that the real outcomes sought have yet to be been fully understood.


Is mediation better than litigation? Not necessarily, but it is rare that parties to a dispute don’t benefit from taking the time to engage constructively and openly in an environment where their views are heard, privately, and where they can choose the terms of their own resolution.

How does it work?

How does it work?

Participants attend with their lawyers and the mediator in a private setting, or online.

The mediator works flexibly and throughout the process will facilitate group, bilateral and private discussions, in response to the development of the dialogue and to requests made by the participants.


The mediator holds information in confidence, unless consent is given to share it.

 This is what makes facilitative mediation unique in comparison to other forms of dispute resolution: everything or nothing can be shared, everything or nothing can be asked for and everything or nothing can form part of your settlement.

Participants attend with their lawyers and the mediator in a private setting, or online.

The mediator works flexibly and throughout the process will facilitate group, bilateral and private discussions, in response to the development of the dialogue and to requests made by the participants.

The mediator holds information in confidence, unless consent is given to share it.

 This is what makes facilitative mediation unique in comparison to other forms of dispute resolution: everything or nothing can be shared, everything or nothing can be asked for and everything or nothing can form part of your settlement.

The timeline of litigation stands still for mediation.

Anything shared between the participants is subject to confidentiality and is without prejudice to the dispute itself, and/or to the litigation process. If you agree terms on which to settle, those terms are binding on all participants and the dispute will conclude. If not, you can choose to continue the litigation.


A mediator is neutral, they have no interest in the outcome(s) you agree.

Engaged in your process, they are patient and they are insightful. Through your mediation, you can choose to speak directly with other participants, or request that your lawyers speak directly, you can have private conversations or group conversations. When the dispute settles, it is on terms decided by you all, not determined by a judge or a panel of arbitrators.


The timeline of litigation stands still for mediation.

Anything shared between the participants is subject to confidentiality and is without prejudice to the dispute itself, and/or to the litigation process. If you agree terms on which to settle, those terms are binding on all participants and the dispute will conclude. If not, you can choose to continue the litigation.


A mediator is neutral, they have no interest in the outcome(s) you agree.

Engaged in your process, they are patient and they are insightful. Through your mediation, you can choose to speak directly with other participants, or request that your lawyers speak directly, you can have private conversations or group conversations. When the dispute settles, it is on terms decided by you all, not determined by a judge or a panel of arbitrators.


Let’s be clear, mediation is none of these things

  • A hearing.
  • A judgement.
  • An obligation for any one person to speak.
  • A restriction on any one person from speaking.
  • A presentation of evidence.
  • A process for giving advice.
  • A process for receiving advice.


Let’s be clear, mediation is none of these things

  • A hearing.
  • A judgement.
  • An obligation for any one person to speak.
  • A restriction on any one person from speaking.
  • A presentation of evidence.
  • A process for giving advice.
  • A process for receiving advice.