Why Mediation

Mediation is a conflict resolution process brought before an independent neutral third party mediator. Successful mediation can lay the groundwork for collaborative, non confrontational problem solving and preserve relationships that are important for future business.

The triumph of mediation over other methods of dispute resolution lies in its very essence. Mediation is:

• Voluntary – parties choose when to engage in mediation and can withdraw at any time, with nothing binding until a settlement is written and signed.
• Flexible – each dispute is different and experienced mediators ensure the process meets the both the needs of the parties and problems before them, including tailored procedures to accommodate multiple parties, perceived or real power imbalances, emotional components and time to reflect on options.
• Quick – most civil disputes are mediated over a single day, although the process allows for meetings to take place over a number of days, weeks and/or months, if necessary. Parties may choose to mediate at any time in the litigation process, or indeed before formal proceedings have begun.
• Confidential and Without Prejudice – the process is wholly protected so that all discussions, and any offers exchanged, during mediation are confidential as between the parties and the mediator and without prejudice to any ongoing legal proceedings. A second, deeper layer of confidentiality exists between the mediator and each of the parties to protect any private discussion they may hold, with the mediator requiring express permission to share information and offers with the other side.
• Impartial – with both the ultimate decision to settle and the terms of any such settlement in the hands of the parties themselves, the mediator actively assists the negotiations without bias or prejudice, helping the parties focus on workable options for resolution.
• Cost-effective – When compared with litigation or arbitration, the comparatively quick mediation process can provide a cost-effective alternative to settlement.

Thus, mediation offers a host of benefits to individual and commercial clients who wish to resolve disputes without recourse to the courts.