Mediation is an effective method of resolving disputes without going to court. The involvement of an independent third party – a mediator, effectively assists both sides to come to an agreement. The fundamental role of a mediator is to help parties reach a solution to their problems and arrive at an outcome both parties are happy to accept. A mediator avoids taking sides and making judgements on the issues and is simply responsible for promoting effective communication between the parties.

Benefits of Mediation

  • Cost Effective: a less expensive route to resolving disputes than litigation or arbitration
  • Maintaining Control:allowing the parties full control throughout the process including the decision to settle and the terms of resolution
  • Confidential:the whole process is conducted on a without prejudice basis therefore information discussed cannot be used in court or any other legal action issued at a later date
  • Aids preservation of business relationships: the parties to merger and acquisition transactions are increasingly turning to mediation to resolve post completion disputes to preserve future relationships
  • Settlement Options: a wide variety of settlement options can be achieved over and beyond monetary settlement
  • Mediation is generally voluntary: but increasingly both contractual documents and/or court proceedings require that in certain cases the parties attempt to resolve disputes by using mediation as one of the available ADR mechanisms.

Once a specialist mediator has been engaged, he or she will conduct the mediation and organise the arrangements in the process.  The parties are not required to agree to a resolution of the dispute and are free to withdraw at any stage.  If however matters are agreed settlement terms are drawn up and signed by the parties and are generally regarded as binding.

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