What is Mediation?
Like arbitration, mediation is an informal method which can be employed to settle disputes outside of Court.
A mediator is 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. 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 form for resolution.
-Business partnership disputes
-Breaches of contract
-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.
-Then the time, location and cost of the mediation will be settled between parties.
-Initial meetings will be conducted, this will be to identify the central issues that needs solved, organising 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. It 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.
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, then mediation would be the best option. Mediation can also be used during arbitration, both parties have the right to discontinue arbitration and seek mediation, if they wish to reach a settlement sooner.
How We Can Help
At PA Duffy& Company we can provide you with our expert advice during this period, we can help you understand the benefits and hardships of mediation and the resolution process.
Mediation cases often involve sensitive cases such as family, business relationships and welfare regardless of the case we will handle your situation with confidentiality and fairness. Please complete our enquiry form and we will reach out to you as soon as possible.