Mediation

Mediation is:

• an assisted negotiation .
• quick to arrange ( sometimes in less than a week, compared to possibly several months for a court hearing date) and cost effective (usually oneor a maximum of two days) .
• private, confidential, and without prejudice. If a dispute does not settle at mediation, then what is said cannot be used in court, thus minimising the risks involved and putting the best interests of the parties first.

Mediation moves the emphasis of a dispute from legal argument to commercial and practical realism.

It puts the power to settle in the hands of the parties, rather than them having to accept the decision of the judge/jury/arbitrator.

Mediation is a cost-effective way of resolving all types of disputes. It has been around for a long time and is now generally acknowledged as the dispute resolution method of first resort, which puts the courts as the last resort for resolving disputes. There is nothing to lose and much to be gained by mediating a dispute.

This approach has proved effective in finding solutions that meet the needs of both or all the parties to a dispute.

It gives the best chance of avoiding long and costly litigation. About eight out of ten mediations settle. For business, it means better use of management time.

Mediation is a voluntary, non-binding, private, dispute resolution process in which a neutral person helps the parties to reach a negotiated settlement.

Most mediations last one day. (Some more complex disputes may take longer). This helps the parties to focus on the key issues early on and spend time exploring possible solutions.

The mediator will have some contact with the parties/lawyers before the mediation to deal with any practical issues and ensure that everyone is comfortable so that all will go smoothly on the day.

The day itself normally starts with an open meeting where each party is given time to present their view of the matters to be resolved.

There will then be a series of private meetings between the mediator and each party.

The day will continue with both open and private meetings until a resolution is achieved.

If the parties' lawyers are there, it is to help their client achieve the best deal, not to argue the legalities.

When a settlement is reached an agreement will be put in writing and signed by each party.

Mediation is effective because the mediator is independent and neutral. He or she is committed to helping the parties settle, but does not have a stake in the dispute or the outcome.

Contact mediator Roy Poyntz here or via email on team@disputeresolvers.com for more information.