Mediation is an extremely flexible, confidential and successful form of alternative dispute resolution. It can be used in nearly every form of legal dispute (at any stage) between individuals, companies and organisations.
Courts and Tribunals should be seen as the last resort for individuals and organisations who are embroiled in a dispute. Whilst litigation in the courts is in its own right a long established and effective method of judicial dispute resolution, it can equally be very expensive and stressful for all concerned.
Mediation is effectively a forum in which both conflicting sides can come together and, with the assistance of an expert mediator, purely focus on resolving the dispute or narrowing the issues in hand. The parties attending mediation can control the scope, length, process and set-up of the day to ensure that the important issues are discussed and that the mediation provides the best possible environment for reaching a settlement. It can also be embarked upon before proceedings are issued or after.
Mediations are also “Without Prejudice” which means that what is discussed on the day and often any settlement reached is confidential. Often, long running contentious disputes and legal cases can be resolved in just one day and on terms which the parties agree to rather than having a decision imposed upon them by a Judge.
Benefits of mediation include:
- Cost effective
- High success rate in settlements
- Flexible and confidential
- Led by the participants and not a Judge
- Applicable to a broad range of dispute/litigation scenarios
- Reduces risk
- Can bring in important issues which may be outside the scope of the litigation