What is mediation? This is a private process, conducted outside of court, and is particularly useful in commercial disputes. The parties, assisted by an independent mediator, negotiate to reach a mutually acceptable settlement of their dispute. It is less focused on what the law dictates, and more concerned with certainty, commercial reality, containment of legal costs, and the preservation of relationships. It allows the parties to reach a settlement that suits their own commercial relationship, in the knowledge that failure to do so will result in the decision being placed before an outside party, whose hands are literally tied by the law.