A successful mediation means:

• A predictable outcome
• A cost effective solution to a problem
• Finality is reached
• Relationships can be salvaged
  • Thus SUCCESS =
    • Parties have found a solution to the dispute
    • Settlement agreement in writing signed by both parties
    • In the case of a pending court case, settlement could mean the end of it
    • Mediator certifies settlement and the scope thereof

A failed mediation means:

• The dispute continues to exist
• Uncertainty regarding outcome and duration-appeals/reviews
• Uncertainty about what the final costs will be
• Relationships between the parties are usually irretrievably broken down
  • Thus FAILURE =
    • Parties could not find a solution to the dispute
    • The dispute continues to exist as if there was no mediation
    • Mediator certifies failure of mediation
    • Commencement / continuation of legal proceedings / arbitration
      • NO disclosure / concession / agreement by any of the parties arising from the failed mediation is admissible as evidence in any legal proceeding following on the failed mediation.