Developments in ADR: 2023 update
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What is Mediation?
Mediation is the intervention by an independent third party to seek to facilitate settlement of a dispute by the mutual agreement of the parties. The mediator does not impose a decision on the parties.
Preparing for Mediation
Preparation for mediation is important, in order to consider what you want to achieve and how you may best achieve it. If you are preparing for a mediation contact us for our free guide.
Appointing a Mediator
Once you have provided initial details, we will then provide you with details of Nick’s availability to mediate within your indicated required dates, each at a fixed price for a standard full or half working day.
Once you have consulted with the other party, your details will be passed to Nick, who will then make direct contact with you and the other party to discuss precise arrangements for the mediation. This is likely to include confirmation of the venue and timings, together with agreement on the provision of a mediation bundle, exchange of any Position Statements, and agreement on a time for a pre-mediation telephone call.
How Does Mediation Work?
Confidential
The content of discussions at the mediation are confidential and cannot be disclosed outside the mediation process. Also, discussions between the mediator and a party in private session remain confidential to them and will not be disclosed to the other party without their consent.
Without Prejudice
The content of discussions at mediation are mostly ‘without prejudice’ to any proposed or ongoing court proceedings, which means that they cannot usually subsequently be disclosed. This allows a full and frank discussion of issues and possible solutions.
Flexible
The mediation meeting is conducted as flexibly as possible, so as to provide the most effective way of trying to resolve the dispute. The solutions open to parties to resolve the dispute are also flexible, usually significantly more so than remedies available through the Courts or at arbitration.
Voluntary
The parties attend mediation voluntarily, though can be encouraged to consider mediation by the Court.
Binding
If an agreement is reached a binding agreement will be drawn up and signed on the day.
Effective
Research shows that around 85% of disputes settle at or shortly after mediation.
Speedy
Mediation can be set up quickly, and can take place within a matter of days or weeks. It can take place before court proceedings have been issued.
Preserves Relationships
Mediation generally gives the parties a better chance to move on and preserve relationships, and possibly continue trading where relevant, than court proceedings.
Future
Mediation may not be able to resolve what has happened in the past, but it can certainly resolve what happens in the future, and enables parties to move on and put the dispute behind them.
