What is Mediation?
Mediation is where parties in dispute voluntarily attempt to bring about a peaceful compromise through the objective intervention of a neutral party.
- Mediator must be wholly impartial and independent
- Mediation has a structure, timetable and dynamics that “ordinary” negotiation lacks
- Mediation is without prejudice, private and confidential
Court hearings are expensive, time-consuming, public, hostile, stressful and inherently uncertain
Advantages of Mediation
- Mediation can take place within a matter of days. Time is money – save cost and move on with business!
- A failing party at court may end up paying their own costs (i.e. expensive solicitors) AND the other party’s costs, in addition to the amount decided by the judge. This alone can be a powerful reason to mediate
- Discussions remain in the room and cannot be disclosed outside the mediation process. This facilitates full and frank discussion and can also go to reputational issues, so often a crucial interest
- The mediator has a professional duty of confidentiality to each party, so your positions, interests and settlement offers discussed in private sessions with the mediator will only be relayed to the other party with explicit consent
- A binding settlement agreement will be drawn up and signed on mediation day
- Mediation offers far better odds of preserving business relationships than protracted adversarial court proceedings
- Approached correctly, mediation provides a mechanism to encourage parties to move freely from mutual distrust to effective collaboration: parties don’t need to give up their self-interest nor their ultimate freedom to choose, yet both parties can walk away satisfied that the agreed resolution is both fair and efficient