An Introduction to Mediation – Helping You to Resolve Disputes Amicably and Efficiently
What is Mediation?
Mediation is a voluntary and confidential process used to resolve disputes without the need for court proceedings. It involves the appointment of an impartial third party – the mediator – who helps the parties involved communicate effectively, understand each other’s positions, and explore mutually acceptable solutions.
Unlike a judge or arbitrator, a mediator does not impose a decision. Instead, they guide the discussion and help the parties reach their own agreement.
When is Mediation Appropriate?
Mediation can be used in a wide range of disputes, including:
- Business and commercial conflicts
- Employment disagreements
- Contractual issues
- Property and landlord/tenant disputes
- Family matters
It is suitable for most cases where parties are willing to talk and seek a practical resolution.
Why Choose Mediation?
Mediation offers several key advantages over litigation:
- Cost-effective: Typically far less expensive than court proceedings.
- Faster resolution: Most mediations are completed in a day or two.
- Confidential: Unlike court cases, mediation remains private.
- Preserves relationships: Encourages cooperation and can help maintain professional or personal relationships.
- Flexible: Solutions can be tailored to the parties’ needs, going beyond what a court might order.
The process
1. Initial Agreement: Both parties agree to mediate.
2. Mediator Appointed: A neutral mediator is selected.
3. Preparation: Each side prepares a short summary of their position.
4. Mediation day:
- Stage 1: Mediator’s opening statement. After the disputants are seated at a table, the mediator introduces everyone, explains the goals and rules of the mediation, and encourages each side to work cooperatively toward a settlement.
- Stage 2: Disputants’ opening statements. Each party is invited to describe the dispute and its consequences, financial and otherwise. The mediator might also entertain general ideas about resolution. While one person is speaking, the other is not allowed to interrupt.
- Stage 3: Joint discussion. Depending on the participants’ receptivity, the mediator might encourage the parties to respond directly to the opening statements in an attempt to further define the issues.
- Stage 4: Private caucuses. The private caucus allows each party to meet privately with the mediator. Each side will be placed in a separate room. The mediator will move between the two rooms to discuss the strengths and weaknesses of each position and exchange offers. The mediator will continue the process as needed during the time allowed.
- Stage 5: Joint negotiation. After caucuses, the mediator might bring the parties back together to negotiate directly, but this is unusual. The mediator usually does not assemble the participants until a settlement is reached or the time allotted for the mediation ends.
- Stage 6: Closure. If the parties reach an agreement, the mediator will likely put its main provisions in writing and ask each side to sign the written summary of the agreement. If the parties do not reach an agreement, the mediator helps them determine whether it would be fruitful to meet again later or continue negotiations by phone.
5. Settlement: If an agreement is reached, it is recorded in writing and can be made legally binding. Agreements are not automatically legally binding, so important to consider whether you wish to formalise your agreement.
Our Role in Mediation
We assist clients at all stages of the mediation process:
- Advising on whether mediation is appropriate
- Helping you prepare your position and documents
- Attending the mediation with you, if required
- Drafting and reviewing settlement terms
Mediation FAQs
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What happens if we cannot agree?
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A warranty is a contractual statement of fact that, if untrue, allows the buyer to claim damages (but must prove loss). An indemnity, by contrast, is a promise to reimburse specific losses, making it easier for the buyer to recover. Indemnities often cover known risks, while warranties cover broader representations.
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Do I need a solicitor at the mediation?
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It is not mandatory but having legal support can help clarify your position, access proposals, and protect your interests during negotiations.
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How do we choose a mediator?
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We can recommend accredited, experienced mediators suitable for your case and budget
This article is intended for general information only, applies to the law at the time of publication, is not specific to the facts of your case and is not intended to be a replacement for legal advice. It is recommended that specific professional advice is sought before relying on any of the information given. © Jonathan Lea Limited.