Why mediation

Mediation is confidential. Mediation avoids litigation. Mediation costs less than a lawsuit and avoids the uncertainty of a judicial outcome. Mediation fosters cooperation. Mediation improves communication. Mediation helps to discover the real issues in your workplace. Mediation allows you to design your own solution. With mediation, everyone wins. A few satisfied customers If you are an aggrieved party seeking to take action and resolve a dispute then, depending on the nature of the dispute and any prior agreement between the parties, you may have a choice as to which method of dispute resolution to use.

The main dispute resolution processes include litigation, arbitration and mediation. Mediation is a relatively new form of dispute resolution in the UK, but it is gaining momentum as more and more organisations and private individuals come to see its benefits.

This process can be used in a number of settings, from employment mediation to family disputes and divorce mediation. Mediation is a form of alternative dispute resolution which is flexible, voluntary and confidential.

The specially trained mediator does not take a side nor issue a decision. Instead, the mediator works with both parties, either together or separately, to help achieve a negotiated settlement. Although mediation is not legally binding, a final agreement between the two parties, reached at mediation, can be enforced in the same way as any other contract.

If a negotiated settlement cannot be achieved through mediation, then the parties can still seek dispute resolution through arbitration or litigation. Supreme Court. We are in the midst of a litigation crisis. The high cost and long delays associated with the trial of civil matters often make litigation an impractical method of resolving disputes. It is not uncommon for the attorney's fees, expert witness fees, jury fees, court reporter fees and other related costs to exceed the amount in dispute.

Parties increasingly find that they are spending more to litigate than the cost to settle the matter. The increasing number of lawsuits filed each year is indicative of the unwillingness or inability of parties and their attorneys to effectively utilize negotiation to resolve disputes.

Because the current legal environment discourages the early settlement of disputes, society is demanding a new approach for resolving disputes more efficiently. That new approach is mediation. Mediation is a process for resolving disputes by which an independent mediator assists the parties in reaching a mutually satisfactory settlement. It is an extension of the parties own negotiations and is sometimes referred to as a "supercharged negotiation.

The session will normally be attended only by the mediator, the parties and their attorneys. Because of the informality of the process, a mediation can usually be completed in a day or less.

The mediation process is entirely voluntary and non-binding. The mediator has no power to render a decision or to force the parties to accept a settlement.

Rather, the mediator's role is to assist the parties in their negotiations by identifying obstacles to settlement and developing strategies for overcoming them. You remain in control, and there is more creativity in finding a solution all parties can agree to. The role of mediation is to make it easier to find a solution through conversation. The style of each mediator is different, but each is focused on helping you find a resolution.

Compare that to the court system which is formal, structured, and has specific rules and procedures for filing court documents, hearings, and trials. The formalities in court can be so overwhelming that people who represent themselves a. Unlike court, which is public, no one needs to know you are attending mediation, and everything you say in the mediation session will stay in the session. In case you cannot come to a resolution and proceed to trial, the information revealed in mediation cannot be used as evidence later.

These rules around confidentiality are strictly set out before you begin when both parties sign an Agreement to Mediate also known as an Agreement to Participate provided by the mediator. In some cases, once your dispute is resolved, you can choose to have nothing to do with the other person and just walk away. But when that isn't possible and you are neighbors, co-parents, or colleagues at work, mediation helps heal and transform relationships.

Mediation is less adversarial than court proceedings, which makes it less stressful, but it also makes it more likely for you to have a decent relationship moving forward. It can even improve a relationship by creating better communication and understanding between both of you.

Even if you have no interest in having a good relationship now, in a few years you might feel differently. Not to mention, mediation can preserve relationships with innocent bystanders like children. When parents are engaged in a court proceeding, it can be tremendously difficult to shield the children from the stress, heartbreak, and from emotional reactions to the situation.

It can also be difficult to refrain from using the children as weapons against each other.