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Mediation

Mediation is quite simply a way of helping to settle a dispute. The Mediator is a neutral person who helps the parties find their own solution without having to go to court or a tribunal.

Mediation can be flexible, speedy, and a cost effective way to resolve disputes. It is an entirely confidential process that enables all parties to explain what their needs and concerns are in the presence of an independent, experienced professional. The Mediator will then assist the parties to negotiate a settlement between themselves. A Mediator is specially trained and qualified in working with difficult situations, acting as an entirely neutral facilitator who, through negotiation techniques, will aim to produce a result that is mutually agreeable to both parties.

As a result, the individuals concerned have greater control and responsibility in resolving disagreements, in contrast to the often long and difficult negotiations with Lawyers and the court process.

To support this, The Ministry of Justice itself states that courts should be the last resort for people involved in a civil or family dispute.

Mediation can be used to resolve a wide range of everyday disputes, including domestic and personal affairs, business disputes, employment issues, small claims, debt claims, boundary disputes, employment issues, contractual disputes, personal injury, and negligence claims.

The benefits of mediation

Costs and speed of the process

The mediation process takes much less time than moving a case through standard legal channels. When a case is in the hands of a Lawyer or court it may take many months or even years to resolve. Mediation usually achieves a resolution in a matter of hours.

Taking so much less time means a significant saving in costs.

Confidentially and 'not bound by court rules'

While courts hearings are public, mediation remains strictly confidential. Nobody except the parties involved in the mediation and the Mediator will know what happened during the mediation. Once the mediation has finished the Mediator will destroy any notes taken.

Control

Mediation increases the control the parties have over the resolution. In a court case the control resides with the Judge or jury, who often cannot legally provide solutions that emerge in mediation. Therefore, mediation is more likely to produce a result that is mutually agreeable to everyone.

The parties are typically ready to work mutually towards a resolution and work on the underlying issues of the dispute. This can often have the added benefit of preserving the relationship the parties had before the dispute.