What is Mediation?
Mediation is a process where an independent third party, known as a mediator, helps two or more parties in a disagreement to reach a mutual agreement. The key aspect of the mediation process is that the mediator doesn’t make decisions for the parties involved. Instead, they guide and facilitate the discussion, helping everyone to understand each other’s viewpoints and find a solution that everyone agrees on. This approach is often less confrontational and more collaborative than going to court, making it a popular choice for resolving disputes.
Preparing for Mediation
Getting ready to mediate is a crucial step. It involves thinking about your goals: what you hope to achieve from the mediation and the best strategies to accomplish these objectives. Preparation also means considering the other party’s perspective and possible solutions that might be acceptable to both sides. We understand that preparing for mediation can be daunting, which is why we offer a free guide to help you through the process. This guide includes tips on how to communicate effectively during mediation, how to present your case, and how to think creatively about solutions.
Appointing a Mediator
The process of appointing a mediator begins with you providing some initial details about your case. Based on this information, we will offer you a fixed price service. This transparent pricing ensures that you can plan your mediation session without worrying about unexpected costs.
Once you have reached an agreement with the other party to proceed with mediation, we arrange everything for you including the mediation agreement, the date and type of mediation that’s suits all the parties, and any room bookings or setting up if the mediation is remote (see our page on remote mediation).
Voluntary
Mediation is usually a voluntary process. Although the Court may encourage parties to consider it, the decision to participate is usually up to them. It is possible that the court may compel the parties to mediate.
Confidential
Everything discussed during mediation is confidential. This includes general discussions and private sessions between the mediator and each party. Information from private sessions will not be shared with the other party unless permission is given.
Without Prejudice
Discussions in mediation are mostly ‘without prejudice’ to any ongoing or future court proceedings. This means they can’t usually be revealed later, encouraging open and honest discussion about issues and potential solutions.
Flexible
Mediation is conducted flexibly to effectively address the dispute. The solutions available are often more varied and adaptable than those offered through courts or arbitration.
Speedy
Mediation can be arranged swiftly, often within days or weeks. This can happen before any court proceedings start, making it a quick solution to disputes.
Effective
Studies indicate that around 85% of disputes are resolved during or shortly after mediation, highlighting its effectiveness.
Preserves Relationships
Mediation often helps parties move on while preserving their relationships, which is particularly beneficial for ongoing business or personal interactions.
Looking to the Future
While mediation may not change past events, it helps resolve future issues, allowing parties to move forward and put their disagreements behind them.
Binding
If parties reach an agreement during mediation, a legally binding agreement is created and signed on the same day.