14 June 2017
Mediation is a common method of alternative dispute resolution (‘ADR’). It is a consensual process, with any settlement having to be agreed by both parties.
If successful, mediation can save the time and costs of fighting a dispute through the courts or in arbitration.
Mediation gets the parties to a dispute round the same table to settle their differences. Its use is actively encouraged by the courts.
A mediator trained in negotiation techniques tries to help the parties find some middle ground and an acceptable compromise of their dispute.
Mediation is a private process and those taking part can avoid publicity, unlike in court proceedings.
What is mediation?
Mediation is a private dispute resolution process in which a neutral person – the mediator – helps parties to a dispute to try to reach a negotiated settlement. It is for the parties to reach an agreement; the mediator has no power to impose solutions. Although mediation is not new, it’s a very popular means of resolving disputes and through the use of pre-action protocols, the courts encourage parties to settle their differences by mediation. One of the main characteristics of mediation is its flexibility. Parties to a dispute can agree to mediate when and where they want, can appoint whom they want as mediator and can agree any form of solution they like.
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