Mediation is a voluntary method of resolving a dispute within a confidential and non-binding environment. Only if a settlement is reached at a mediation appointment will there be any binding obligation on parties. Conversely, if no settlement is achieved at a mediation appointment then the parties remain free to pursue alternative methods of dispute resolution without restriction, safe in the knowledge that nothing said or revealed within the confines of the mediation process can be referred to by either party.
What are benefits of mediation?
There are a number of very important reasons as to why mediation should be considered ahead of many other forms of dispute resolution.
- Statistically, mediation proves to be successful in resolving in the region of 80% of matters referred.
- The process is significantly less expensive that litigation through the courts, and enables the parties to minimise the impact on their businesses or personal lives.
- Mediation offers a significant degree of flexibility in terms of finding solutions to disputes that are not available through the courts.
- Crucially, mediation can also offer the opportunity for parties to a dispute to preserve an ongoing relationship after the dispute has been resolved.
- Importantly, mediation .is not designed to address apportionment of blame, and the Mediator is not required to determine issue between the parties.
Mediation is a forward-looking, constructive process which encourages and enables parties to find a constructive resolution of their differences.
What is the role of the Mediator?
The Mediator is a qualified specialist who
- manages the mediation process;
- acts an impartial third party to help companies or individuals involved reach a mutually acceptable solution;
- ensures equality between parties to a dispute.
Do I still need a lawyer?
It is open to the parties to be legally represented if they so choose, although the process is designed to enable parties to conduct a mediation in person if they prefer.
