n Servamus Community-based Safety and Security Magazine - Mediation and the law - making peace in a world filled with injustice - research

Volume 112 Number 9
  • ISSN : 1015-2385


Mediation is an informal way to resolve most disputes with the assistance of an acceptable and neutral third party who has no decision-making power. The process is confidential and what is said may not be used as evidence in a court of law, unless unusual circumstances require it by law, such as in cases of child abuse or sexual misconduct. It is a voluntary process for the parties and their mediator, who remains neutral and does not make any decisions on behalf of the parties. Participating in mediation empowers the parties to stay in absolute control over the outcome of their dispute and no judge or magistrate makes decisions on their behalf. Because all people and disputes are unique, the disputants can customise their best agreement which may be drafted into a settlement agreement that can be made a formal and enforceable order of the court.

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