Mediation is an informal process where an independent and impartial person, known as the mediator, manages and facilitates a dialogue between the two parties in a dispute. Through this process the two parties can reach a mutually acceptable settlement and avoid litigation in court. Mediation is an attractive alternative to litigation, as it is a very cost-effective and efficient process. Most mediation meetings last only one day and the success rate is around 90 percent.
The mediator doesn’t give a decision but guides the two parties and facilitates the process so the parties can reach a settlement. Once a settlement is reached, a new contract is signed between the parties which is enforceable through courts.
THE TYPES OF DISPUTES THAT WE CAN RESOLVE THROUGH MEDIATION ARE AS FOLLOWS:
Intellectual Property Disputes
Personal Injury Disputes
Professional Negligence Disputes
FREQUENTLY ASKED QUESTIONS ABOUT MEDIATION IN THE UK
Why is Mediation so popular as a dispute resolution method?
The whole process of mediation is completely private. It also allows you to maintain control over the outcome, as you are kept fully engaged and involved throughout the process. By the end of the process both parties are usually able to reach a mutually acceptable agreement. Mediation can also help maintain and preserve a good working relationship between the two parties.
How long does a Mediation session last?
The length of the mediation session varies depending on the complexity of the dispute and the needs of the parties. However, most sessions last either half a day or a full day. Further sessions can be arranged if felt necessary with agreement of the parties involved. The process is very efficient, and hence also very cost-effective.
How Is Mediation different from negotiation?
Yes, mediation and negotiation are very different. In a negotiation, the two parties discuss the issues and reach a settlement on their own. In Mediation, an independent and impartial person acts as a mediator. The mediator is a third party not connected to the conflict and does his/her best to find a resolution that is acceptable and fair to both parties.
What can be expected when during a Mediation session?
Once you have agreed to attend a mediation, a mutually convenient mediation day would be arranged to discuss and resolve your dispute. The sole purpose of the mediation session would be to find a mutually beneficial and acceptable solution to the dispute.
Is the Mediation session confidential?
In a mediation session, both parties are encouraged to speak openly about how they feel about the conflict.
Everything that is disclosed to the mediator in either separate meetings, or in the joint discussions is kept completely confidential by the mediator, unless permission is given to disclose the information to the other party.
Before the mediation meeting, all parties including the mediator, sign a confidentiality agreement. Any notes that are taken during the meeting are destroyed at the end of the meeting.
What will happen in a Mediation session?
During the mediation session, both parties get an opportunity to express their concerns and highlight the key issues. There are private meetings held between the mediator and each of the parties. There are also joint meetings where all the parties are present. No one is interrupted when it is their opportunity to speak. The mediator ensures that all the key issues are addressed, and steady progress is made throughout the session with a view to reaching a mutually acceptable resolution. The parties remain in full control of the decisions made. The mediator facilitates and helps the parties explore the various options available to settle the dispute. The final agreement reached is then written down. The both parties review all the points agreed and once satisfied, sign the agreement and receive a copy for their records. The agreement and all its contents remain completely confidential.