Mediation

Mediation is an increasingly valuable tool for parties in dispute to reach a settlement without the need for any further action, the benefits are:

• Mediation places responsibility for the resolution of a dispute directly with each person to resolve.
• Mediation is an open forum for each person to actively put forward their point of view.
• Mediation curbs dispute escalation and costs.
• Mediation significantly reduces the risk of litigation.
• Mediation is deemed as a sensible and cooperative approach that allows the parties to move forward.

Mediation can be

• Voluntary (save where ordered by a court)
• Flexible
• Non binding (until there is a settlement agreement signed by the parties)
• Private and confidential
• Entirely without prejudice

The parties are assisted by a neutral third party (the mediator) who is present to help the parties, by the mediation process, to reach agreement. It is important to distinguish mediation from the other main forms of dispute resolution, namely court proceedings and arbitration. In the case of the former, a judge, and in the latter, an arbitrator will determine the dispute if agreement cannot be reached. In mediation however, the mediator will not impose a settlement on the parties and settlement will not occur without agreement having been reached between the parties.

A mediator instead acts as a facilitator to help overcome deadlock and assist resolution. Our experience shows that a large number of cases bound for lengthy and expensive litigation settle at an early stage by mediation. It works.

If you would like further information, please contact David Winston who would be pleased to talk you through the process and provide you with any further information that you may require.