What is Mediation?
Mediation is a form of Dispute Resolution where communication and negotiations are supported by an independent third party. The Mediator will guide the parties to reach agreement to resolve their differences. The aim of the Mediation will be for the parties to reach a mutual resolution and settlement by the end of the Mediation meeting.
Mediation offers a different approach to other dispute resolution methods, such as court proceedings. The process is entirely private and confidential and, rather than have someone else impose the final decision on you, you are in control of the outcome and agreement made.
The law courts Civil Procedure Rules strongly recommend that parties should consider settling their dispute through mediation before starting court proceedings.
The benefits and features of Mediation.
Benefits of Mediation
Features of Mediation
Mediation costs significantly less than going to court. In addition to the cost of legal proceedings, the process is time consuming; with the costs and issues surrounding the dispute often escalating the longer you wait.
Appointments for Mediation can often be arranged within days and most Mediations will cover a full or half day and will settle within the timeframe.
Parties are free think ‘outside the box’ and make their own decisions, people can negotiate and make agreements that are unique, that a court would not be able to grant.
People are far more likely to adhere to agreements made by themselves, rather than those imposed on them.
Mediation sessions take place in strict privacy; all parties are bound by confidentiality, including the mediator and any legal representatives present.
Parties will form their own agreement; the settlement can be written as a contract and thereby enforceable by law if breached.
Disagreements are stressful, costly and can become, at times, ‘all-consuming’ for the people involved. Closure provides huge peace of mind, minimises further disputes and can preserve or even enhance relationships.
The mediator remains completely neutral throughout, acting only as a facilitator. The Mediator will not take sides or offer advice or opinion.
Privacy and Confidentiality –
The one-to-one meetings (caucus) are completely, private, nothing will be disclosed to the other party unless specified and agreed. On the rare occasion an agreement is unable to be reached, all discussions are “without prejudice” meaning that they can’t be used should court proceedings apply.
Mediation provides a safe place for parties to be listened to and be completely honest, which helps to unravel true positions and interests, resulting in a more successful outcome for both sides.
Mediation is completely voluntary; no one can force you to take part in Mediation. Both parties have a shared objective, which is to resolve the dispute and either party are free to leave if they feel the process is not working for them.
Flexible and informal procedures –
Meetings can take place ‘face-to-face’ (in person) or online - via zoom for example – and both offer pros and cons. Structure of meetings can take a more relaxed approach compared to a formal courtroom, disciplinary or tribunal hearing.
Control over outcome –
The settlement reached will be created by the parties not by the Mediator.
Louise Leigh Mediation in London
Here at Louise Leigh Mediation we provide Civil, Commercial and Workplace Mediation in the following areas; Bexley, Blackheath, Canary Wharf, Eltham, Greenwich, Kidbrooke, Lee, Lewisham, London Bridge, Sidcup, Stratford, The City, The O2 and nearby surrounding areas.
If you would like more information please get in touch.