Mediation is one of the most popular forms of alternative conflict settlement (ADR). An impartial and objective adviser works with all parties in mediation to help them find a mutually acceptable agreement or solution without going to court.
Although mediation is voluntary, it is vital to understand that declining a request to mediate may damage your position if the matter is put before a judge later.
- Control – Because no binding decision is made during mediation, no outcome is guaranteed. Instead, the mediator collaborates with the parties to try to find a solution, but there is no assurance that the problem will be resolved. This may imply that both parties have greater influence over the solution and are not obliged to accept a conclusion with which they are dissatisfied.
- Privacy – Litigation, the process by which disagreements are settled in court, has the potential to be a very public procedure. Unless explicitly agreed otherwise, when issues are handled out of court through mediation, they are completely secret to both parties.
- Cost savings – Resolving conflicts in court is typically quite expensive, and the final expenses can be very unexpected. However, resolving conflicts through mediation may frequently be more faster and less expensive than going to trial.
- Enhanced assistance – Mediation involves the use of a skilled, impartial mediator to interact with the disputing parties and assist them in working toward a solution that is acceptable to both parties. The Mediator hears all points of view, speaks with the parties alone and sometimes jointly, and helps each party through the process.
- Relationship preservation – Resolving business or workplace disagreements is challenging enough, but going through a legal battle and the stress of the courts may make it even more difficult, placing additional strain on the relationship between both parties. Mediation, on the other hand, assists both parties in focusing on good communication with one another.
Our solicitors will ensure the opponent engages in ADR and specifically takes part in mediation. We will lead your business through the mediation process, attempting to make it as simple as possible in the hope and expectation that a solution acceptable to everyone may be reached without the need for litigation.