Why mediate

A Brief Overview

As consumers demand an even greater say in shaping there own future by becoming more involved in the day-to-day decisions effecting them, our current adversarial legal system is being questioned and challenged. Even arbitration is perceived by some as being long-winded and costly. More over, many argue that it is simply replacing one binding decision-making process with another. In short, people feel the need to regain control over the decision making process in their disputes.

Often, the reality is that no party in the dispute desires litigation, accept in circumstances, for example, where precedent or case law maybe involved. For these people, the answer is simple: the disputing parties, facilitated by a neutral third party, enter into a process which enables them to reach their own settlement – this process is known as Mediation.

Mediation is a voluntary, none binding and “without prejudice” process (to the point of agreement) in which a trained and professional third party intervenes in a dispute and attempts to bring the parties together into an amicable settlement agreement.

If anyone is dissatisfied with the process, either party or the Mediator may terminate the mediation at any time. The party’s legal rights are not adversely affected and they can continue to choose to pursue matters through arbitration or the Courts.

The Mediator is a neutral individual, who neither determines the dispute, gives an opinion or tells the parties how to settle. The Mediator is trained to assist the parties to negotiate their own settlement of the dispute.

There is no set process, however, the Mediator will endeavour to guide the parties in adopting a procedure that works for them.

The aim of mediation is to allow parties to come together and negotiate settlements with a trained Mediator. Prior to the introduction of the Civil Procedure Rules in 1998, mediation was undertaken without any encouragement from the Courts. It had to be arranged independently on the understanding that it could not be alluded to in Court and there was no punishment for failing to consider it. After its introduction, the Courts have been more receptive to mediation and indeed it is now encouraged.

Please Contact Dispute Mediation Services for further information