Next steps

What happens when you reach agreement – or don’t.

A mediator can help you settle the dispute in full or in part. In other situations, no settlement is possible.

If an agreement has been reached, the parties will be encouraged to make a written record that is legally binding and enforceable. This will help both parties to fulfil any obligations, as well as have a shared understanding of what cannot or should not be done. If court proceedings were already underway, the parties can then notify the judge or magistrate that the matter has settled.

Perhaps the mediation may be inconclusive but offers to settle remain on the table. If so, the parties may make notes to consider in private, with a clear understanding of any deadlines.

If no agreement is reached on the day, either party may request a certificate or letter stating that the mediation attempt was unsuccessful. This is particularly relevant in disputes over retail leases where the parties must show compliance with NSW law.

But remember – even if you are unable to reach agreement, the very process of discussion can clarify what is important and relevant in your dispute. It can also reveal what issues are not worth spending further time, energy and money on. Mediation can always resume if more information emerges. There may be further opportunities to find a settlement as time goes on.

As always, you may have to balance whether making or agreeing to an offer is better than the cost and uncertainty of court action.