Mediation Solicitors

Mediation

Mediation is a confidential, informal and facilitative process which can be employed to settle disputes outside of Court. Mediation allows parties to a dispute to have complete control over the outcome and helps participants discover solutions which satisfy everyone involved. At P.A. Duffy & Co, our specialist ADR Solicitors can provide you with expert advice throughout the mediation.

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What is Mediation?

Mediation involves the use of a mediator (an individual with a neutral position) who is appointed with the consent of both parties. The mediator will work with both parties in an attempt to reach a fair agreement. The mediation process is entirely confidential, and each case is treated fairly and impartially. This method can be used for property disputes, debt disputes and contractual disputes for example.

Types of Mediation

A wide range of private and commercial clients use mediation as a medium for resolution. Mediation can be an effective tool to resolve disputes in the following areas:

  • Commercial disputes

  • Business partnership disputes

  • Construction disputes

  • Breaches of contract

  • Welfare disputes

  • Professional negligence

  • Medical negligence

  • Family disputes

  • Inheritance-Will disputes

  • Divorce disputes

  • Child maintenance disputes

What to Expect from the Mediation Process

Mediation is an informal and unstructured procedure. It generally begins with the proposal to mediate, followed by a discussion among the conflicting parties and reached with an agreement to mediate. Both parties will then select and agree upon an individual who will take on the role of mediator.

Next, the time, location and cost of the mediation will be settled between parties and initial meetings will be conducted. Initial meetings will be used to identify the central issues that need solved, organise the documents for the mediator to access, and the initial agenda.

On the first day of Mediation, both parties may proceed with a joint session to present the issues before the mediator. They can be accompanied by their solicitors, and any relevant witnesses. This will be followed by private sessions between the Mediator and each party and their potential solicitor. The mediator may conduct further joint sessions if necessary to reach a mutual agreement.

The terms of settlement will be presented by the Mediator and agreed between the parties, this will then be recorded and signed by both parties in a written agreement. The written agreement represents a new contract between the parties.


When can Mediation be used?

Mediation can be used in cases to minimise the cost attached to settling a dispute and is effective in cases that require speedy settlement.

Mediation is also a positive alternative with clients who are business partners and wish to maintain their business relationship. This is more possible to achieve through mediation due to it is informal and out-of-court nature.

Ultimately, mediation aims to achieve a mutual settlement for the interests of both parties and their business interests, rather than presenting and conforming to their legal obligations.


How can we help?

Mediation cases often involve sensitive issues relating to family and business relationships and welfare. Regardless of the case, we will handle your situation with confidentiality, fairness and professionalism.

If you would like to find out more about our services, please complete our online enquiry form and we will reach out to you as soon as possible.

FAQs

When can Mediation be explored during a Dispute?

Mediation can be used at any stage of a dispute. It can be the first option that parties pursue if they wish to reach an informal settlement out of court, but mediation can also be used during arbitration as both parties have the right to discontinue arbitration and seek mediation if they wish to reach a settlement sooner.

How can I finance a mediation?

Financing a mediation can be approached in several ways, depending on your specific situation and the nature of the dispute. Here at P.A. Duffy & Co. we offer a range of options. These include:

  • Legal expenses cover

  • Private payment

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Our team of expert solicitors will be happy to assist you with your enquiry without any obligation to use our services. Contact us using your preferred method and we will gratefully assist.
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