Mediation
Mediation is one of several forms of Alternative Dispute Resolution (ADR), and can be employed to resolve disputes voluntarily thus preventing the need to pursue formal legal proceedings which can be lengthy and very costly.
Mediation involves using an independent third party to guide those involved in a dispute toward a solution acceptable to all. The solution is that of the parties not that of the mediator, who cannot impose a solution. The whole process of mediation is ‘without prejudice’, in other words totally confidential. Nothing can be used in evidence should the mediation fail and further action be required.
The benefits of mediation
There are many benefits to employing mediation rather than pursuing formal court action. It is more cost effective, less time consuming, allows flexibility in exploring non legal solutions such as an apology and is often less stressful than preparing for a court appearance. In addition, the disputing parties control the process and cannot be forced to settle.
Simply put, mediation enables you to get on with your life while settling the dispute.
When to use mediation
Mediation has gained favour as a method of ADR and is used in all areas of the civil dispute arena including commercial and workplace disputes, personal injury and negligence claims.
The role of the mediator
Mediators do not give advice but act as a neutral go between guiding the parties to a workable outcome.
Mediators are trained to:
- avoid establishing blame or fault but to constructively move towards an acceptable solution
- work confidentially with all parties involved in a dispute
- remain impartial and help parties reach their own outcome
- avoid giving advice, not to arbitrate or judge forming an opinion as to an outcome.
Often the solution acceptable to the parties may be surprising, even to the mediator, but will be reached through a process of private meetings with the parties, only bringing them together when the mediator thinks that a solution has been reached.
In the final stage, the mediator relays the solution as he understands it, so as to ensure this is still the expectation of the parties and only then proceeds to writing out an agreement to be signed by all and witnessed by the mediator. It is only at this point that a solution committed to writing can be enforceable in law.
When mediation fails
The rate of success for mediation is high, generally above 80% but unfortunately, not all mediations achieve a successful outcome. If mediation fails the disputing parties can still opt to pursue formal legal proceedings.
Because mediation is deemed to be strictly confidential no notes are retained by the mediator and all proceedings are kept entirely private.
Appointing a mediator
Mediators come from all professions and are generally experts who have in-depth knowledge and experience in specific fields such as finance, human resources and clinical practice. When appointing a mediator, it is important to ensure that the expert is an accredited and trained mediator.
We understand that many people are unfamiliar with the mediation process and may not feel confident pursuing it as an alternative. Our accredited mediators are more than happy to take the time to discuss the process with you and answer any questions you may have, no matter how trivial they may seem.
For further information or for an initial discussion, please contact Adam Merrett
