Why Mediate?

Faster to organise

the dispute does not linger, and it means that you get back to business with a minimum of fuss, interruption, lost time and cost.

Cheaper to access;

your money and your time are valuable resources. Typically, the cost of the mediation is divided equally between the parties and this can lead to considerable cost savings.

Direct Input to Outcome

it is your dispute and no one knows it like you do. You are best placed to know what solutions may work best and you can actively propose suggestions to resolve the dispute, rather than have solutions imposed.

Less time in preparation

subject to the advice of your solicitor, all that is required is a statement of your position for use at the opening session.

Value for money

you have your legal representative and any other experts with you at the mediation to advise as matters develop. This is when their expertise really comes into play. You get the benefit of their knowledge in a proactive way to help you resolve the dispute

Flexibility of mediation

if you forget to say something at one stage, it can easily be brought up at a later stage, and you can take account of advice as you go along.

Control of proceedings

as it is a voluntary process, you can decide if you wish to participate, the terms of the settlement, and subject to agreement with the other party, the choice of mediator and the location of the mediation.

Confidentiality

it is sometimes important that business affairs are kept confidential, which would not be the case in open Court. Commercially sensitive information is therefore protected, together with the fact that there is a dispute in the first place.

Success Rates

Mediation has a high success rate in resolving disputes, and also has the additional benefit of preserving relationships between the parties, in a way that litigation cannot address. It can resolve issues in a positive way.

 

How Mediation Works

Civil & Commercial

Almost any dispute can be mediated, unless for example, a decision on a point of law is required, or one of the parties does not want to mediate or where a Court Order may be required by the parties.

However, where mediation is agreed, the following should be present on behalf of the parties;

• All, parties have an honest desire to resolve the dispute
• All parties are open to new and innovative solutions to their difficulties
• All parties have the authority to make decisions regarding settling the dispute, or at least have direct access to those who have the authority to settle during the mediation.

The mediation can be as flexible as required to meet the needs of the Applicant and Respondent parties. Consultations between advisors can be facilitated, for instance between solicitors or engineers as circumstances may dictate.

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However, there are a number of stages that a mediation can be divided into:

Pre mediation

This is the initial preparation for the mediation where the parties to the dispute prepare their opening statement for the mediation in consultation with their solicitor, and where the mediator makes contact with the respective parties solicitors.

The mediation itself

This is divided into a number of stages as follows;

• Opening Statement of the Mediator
• Opening Statement of the Applicant
• Opening Statement of the Respondent

First Private Session between the Mediator and the Applicant
First Private session between the Mediator and the Respondent

Second Private Session between the Mediator and the Applicant
Second Private session between the Mediator and the Respondent

And so on until agreement is reached between the parties.

The drafting of the Agreement is where the agreement reached between the parties is, with the advice of the legal representatives, reduced to writing and signed by the parties and witnesses by the legal representatives. At this stage it becomes legally binding.

Post Mediation

At this stage all that is required is that the agreement is implemented. The Mediator is now finished.

One further aspect of Mediation is confidentiality.

While different mediators have different styles of mediation (and this should be checked by the solicitor beforehand) in the style of mediation practised by this firm, anything which is said to the Mediator by either or any of the parties remains confidential and is not relayed to the other party unless specifically authorised to do so. Similarly, the mediation is not discussed with any third party unless specifically authorised by both or all sides, or where there may be a legal obligation on the Mediator to disclose certain activities to the relevant lawful authority.

The parties can decide whether or not to include a confidentiality clause as part of the agreement.

Any proposals or suggestions made during the course of the Mediation cannot be subsequently used in litigation (the “without prejudice” idea) and remains confidential to the mediation.

The Mediator is not called upon to give evidence in litigation as to what happened during the Mediation and this firm will destroy all notes made of what transpired between the parties and the mediator during the course of the Mediation.

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