Mediation

What is mediation?

Mediation provides an alternative to court action when resolving disputes by encouraging the parties to the dispute to seek an outcome for themselves, assisted by a trained mediator.

There are a number of potential advantages, not least the savings in time and money compared to a full-blown court case. A mediated solution may also be better for ongoing business relationships and allow a wider range of outcomes to be considered.

Unlike a court, mediation is not restricted by law or custom, and the mediation process will be shaped by the nature of the dispute and the wishes of those involved. The usual format is that there will be an initial round table meeting after which the parties will retire to separate rooms.  The mediator shuttles between the parties and tries to help them find a solution.

The mediator is entirely neutral and will be reluctant to express opinions about the strengths or weaknesses of the parties’ respective cases.  Therefore there will be no need for the parties to try to convince the mediator they are ‘right’.  Instead they should use the mediator to help them find a mutually acceptable solution.

If a resolution is agreed, an agreement will normally be drawn up, which is signed by all the parties. If court proceedings are already ongoing, this can be used to bring them to a close.

If no resolution can be found, other measures including court proceedings may continue and anything discussed or suggested at the mediation meetings will not be binding.