What is Mediation?
Mediation is a voluntary process in which a mediator independent of the disputants facilitates the negotiation by disputants of their own solution to their dispute by assisting them systematically to isolate the issues in dispute.
The Mediation is arranged at a venue convenient to the parties, who each have their own room as well as a separate room for joint meetings. The Mediator listens to everyone’s point of view, talks to the parties privately and together, guiding them towards a settlement.
Nothing is binding upon any party until an agreed settlement is reached. Once a settlement has been drawn up and signed it becomes an enforceable contract between the parties.
Why choose to mediate rather than to go to Court?
As you are most likely aware, dealing with legal matters can be a very expensive and time-consuming exercise. Choosing to mediate rather than go straight to Court can save you time and money. Mediation takes considerably less time than litigation, however, this time varies depending on the complexity of the dispute and the amount of parties involved. The average mediation lasts only six hours.
Mediation has statistically recorded settlement of over 85% of initiated disputes. Parties who decide to mediate enhance the likelihood of continuing their existing relationships.
Parties in mediation avoid the uncertainty and dissatisfaction often experienced in court or at arbitration where they have little choice but to accept the judgment made, which none of them may be happy with.
Unlike court proceedings, everything said at the mediation is entirely confidential to the parties (unless specially agreed otherwise).
In some situations, you might be expected to try mediation before a court will consider your case.