Any dispute can be a drain – on people’s time, energies, resources and, often, finances. This is true whether it is a multi-national commercial dispute, a dispute between neighbours or a breakdown in workplace relationships.
Mediation is an efficient and effective way of resolving your dispute and can be used:
- Where negotiation has reached deadlock or has broken down
- Before litigation
- During litigation
The benefits of mediation include:
- Speed – once all parties agree to mediate, a date will be set as quickly as possible and most cases are usually resolved within one day.
- Control – parties remain in control of the outcome and nothing is set in stone until the legally binding settlement agreement is signed. Instead of a judge deciding a win/lose outcome, the parties agree a solution that everyone can live with and that will allow them to move on.
- Cost – because mediation is such a swift process, parties save money on legal fees and procedures and companies can quickly return to building their business.
- Confidentiality – all mediation discussions are private and ‘without prejudice’ meaning that they cannot be used in evidence if the case goes to court. This means that negative publicity is minimised.
- Breadth – mediation goes deeper than examining the legal positions and explores what the parties really need in order to resolve the conflict and to move on. This means that all types of resolution options may be considered including apologies and donations to charity.
- Relationship–focus – if an ongoing relationship is required or desired, mediation will help to resolve not only the commercial aspects but also the relational ones.
What would the process be?
This can vary according to the type of dispute and parties involved. Typically, if parties are in agreement about trying mediation, the mediator has initial, brief conversations with each party (usually by telephone) to understand the nature of the dispute. Then a date will be agreed when the parties will meet for a day with the mediator who will facilitate the search for a solution.
The format of the meeting is highly flexible. It can include both private meetings with each party and meetings with everyone together. The mediator is responsible for facilitating the process - the outcome is the responsibility of the parties.
85% of mediations have a positive outcome - usually a written agreement that the parties agree to be binding.