Mediation, whether wills and probate or any other type of mediation, has four main characteristics:

  • Mediation is voluntary – the parties involved in mediation engage under their own free will.
  • Mediation is self-determined – the mediator brings people together and provides an environment in which they can discuss the issues they are concerned about.  The solution to the problem is developed by the people involved in the case, with the support of the impartial mediator.
  • Mediation Is Confidential – Individual discussions with the mediator are not shared with anyone else.  During the mediation meeting, the parties decide the nature and content of the information they disclose.   Mediation meetings are also held ‘without prejudice’, meaning that information disclosed generally cannot be used in legal proceedings.
  • Mediation is Solution and Future Focused – mediation gives people an opportunity to explore a range of personalised options, that meet their needs, to solve the problem.

In subsequent weeks I’ll explore each one of these characteristics in much greater detail.

By Dave Warren

(Imagecredit: Emoji One, CC BY-SA 4.0 <;, via Wikimedia Commons )



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