Mediation Overview
What is mediation?
Mediation resolves disagreements and disputes. Mediation is a flexible confidential process where a neutral person actively assists you, the parties, to work towards a negotiated agreement of a dispute or difference. The parties control the decision to settle and what the terms will be.
Mediation works well because it provides you with a secure place where you can discuss the issues that are important to you. Your discussions are confidential and ‘without prejudice’ so they can’t be later referred to in court. Your settlement can be made legally binding once its written up and signed by the parties.
Advantages of mediation
Mediation has significant advantages over taking a case to court or tribunal or going to arbitration:
- Effective - Research by the Government and bodies such as CEDR, shows that mediation is effective in over 70% of cases.
- Quick - most mediations are arranged within a few weeks, and can be arranged even more quickly. Mediations in employment, civil and commercial cases usually last only a day or two. Family mediations may take between and two and four sessions of ninety minutes each.
- Cost effective - compared with court/tribunal or arbitration, mediation is a less expensive route to resolving disputes.
- Confidential – your dispute remains private. This is relevant for both family disputes and cases involving sensitive business information.
- You have control over the issues and the outcome.
- You can mediate whilst continuing an existing court/tribunal case or you can put these on hold whilst you mediate.
- Informal and flexible - the process can suit your needs.
- Mediation can maintain business relationships far more effectively than adversarial options - such as going to court or arbitration.
There is more information on how mediation can benefit you in the pages on family, employment, civil and commercial disputes. Please click on the links for details or contact us.
