Mediation

What is Mediation?

Mediation is a process in which two or more people involved in a dispute meet and with the help of a neutral third party, work out a solution to their problem. Both sides describe the dispute from their point of view and explain how they think the matter can be resolved. The mediator’s role is to help focus on relevant issues bringing the parties together with an emphasis on rebuilding relationships and helping them to create their own solutions through negotiation. Statistics show approximately eighty four percent of mediations end with a binding agreement.

Mediation is popular because the power is held by the parties. As well as being effective, mediation offers total confidentiality while the mediator remains impartial and without prejudice. The skill of the mediator is of more importance than specialized knowledge of the area of law relating to a particular dispute. Unlike a Judge or an Arbitrator he has no power to make judgments or give advice on the law. Parties have their own legal professionals to advise them in this role and they themselves take control of any decisions that are made.   

Termination may be considered at any time during the mediation by either of the parties or the mediator, claimants may then pursue legal proceedings through the courts. Litigation however should only be used as a last resort, as suggested in a report by the Lord Chancellor. In reality parties would rather avoid litigation if at all possible. The legal system can be long winded, costly and stressful whilst neither party can ever be sure of the outcome and have no control over the final decision .

On the day parties and their advisers meet punctually at an agreed location where the emphasis is on resolving issues and negotiating settlement as swiftly as possible. The mediator may hold private sessions with each of the parties, this enables him to understand respective interests and identify any common ground during the search for resolution. Usually a resolution is reached and the parties’ legal advisers draw up a binding agreement.

The courts are currently encouraging more cases into mediation which is now recognised as one of the fastest and most cost-effective alternatives to finding dispute resolution.