Mediation

Why Mediate?

Here are some of the key benefits of following the mediation route to the settlement of a dispute:

Control: Because the parties themselves agree the outcome, they remain in control of the mediation process.

Confidentiality: Mediation is confidential to the parties.

Convenience: The parties choose their mediator, the location and the time at which the mediation is to be held.

Cost: Compared to traditional litigation, mediation is a considerably less expensive way of solving problems.

Informality: Mediations take place in a more relaxed and positive atmosphere.

Outcomes: Since the mediation is separate from the court process, a much broader variety of settlement options is possible.

Relationships: The informality of the mediation process makes it more likely that you will remain on solid business terms with the other side at the end of the dispute.

Speed: Mediations can be set up quickly, and the sessions themselves usually last no more than a single day.

Success: The success rate for mediations is very high. Statistics show that over two-thirds of mediations settle effectively.

 

What is Mediation?

Mediation is a method of resolving disputes without the time and expense of going through the traditional litigation process.

The process is voluntary, and so mediation only happens if both parties to the dispute agree to mediate. Equally, either side can withdraw from the process at any time.

Mediation can take place in any location suitable to the parties. The aim is create an informal and relaxed atmosphere where satisfactory outcomes are more likely to be reached without the stress engendered by the formality of a court.

Mediation - an alternative method of resolving disputes

Mediation can be commenced at any stage during a dispute. Even if court proceedings have commenced, the parties can ask the court for those proceedings to be put on hold until the mediation has taken place.

The mediator is an impartial go-between, whose job is to assist the two sides in communicating and moving towards a mutually-agreeable solution. He/she is entirely neutral, does not make judgments or impose solutions, and has no vested interest in the outcome. Thus the terms of a settlement are decided by the parties - which makes for a far greater likelihood that those terms will be kept.

At the conclusion of a successful mediation, a settlement agreement may be drawn up. That agreement would be binding on the parties to the mediation.

The mediation process is confidential so, if the mediation should not be successful, nothing said, and no notes made, during the process may be used elsewhere at a later date.