What is mediation?
Mediation is now recognised as the fastest and most cost effective process for resolving disputes. This is in direct comparison with litigation which is generally highly stressful and highly time and cost consuming due to preparing and defending issues. Litigation can takes weeks, months or even years to conclude with no certainty that the outcome will satisfy the parties involved. Mediations generally settle in one day (between 75% and 85%) but sometimes can stretch over two days for complicated or multi-party cases.
Mediation is still a relatively unknown solution but it is tried and tested and now serves as part of the Civil Justice System. The courts are now seen as a last resort. The process serves to achieve satisfactory results for all parties involved and is being increasingly utilised as an effective means to resolve a wide range of disputes within commercial, property, workplace and family sectors.
Mediation allows for parties to come to resolution themselves with the mediator assisting them through the process. Mediation values that life is not black and white and it is not always 100% right and wrong. Litigation, arbitration, adjudication and tribunals will judge right and wrong within the law. A judgement will be made upon the parties. There are no grey areas. One party will win and one will lose. Life and business is not that simple.
Often parties express their need to have their day in court to have their ‘say’. Unfortunately, their day in court does not always include having their ‘say’; it often concludes in the parties being made to feel belittled and unprofessional by highly trained counsels. The whole experience of litigation is an unpleasant one, sometimes it is necessary but it is always an experience that people do not want to go through again. Mediation does allow parties to have their say without judgement and decisions being imposed upon them. The mediation process allows for creative and imaginative solutions to a wide range of disputes.
Mediation is voluntary:
It is vital to the process that all concerned come to the mediation with this understanding. Although the mediation process is structured and facilitated by Paul, it is the participants that have the ultimate control over the outcome. It is their dispute and therefore, it is their deal to make.
Mediation is solution/agreement focused:
All disputes contain a history and within that are positions that the parties find themselves in. Paul assists the parties to concentrate on the future and the emphasis is placed upon the solution rather than the problem. Anything goes in mediation; if it helps and it is legal it can be used. Litigation often means a breakdown in any future relationship whether it is personal or business. Mediation allows parties to rebuild and continue relationships. Mediations can often end with a bottle of bubbles to celebrate an agreed settlement and even discussions of future business. This simply does not happen in court.
Mediation is confidential:
The process in completely confidential which is a benefit to everyone as it avoids unwelcome publicity that can occur if cases go to court. Information that is passed on to the mediator is never passed on to the other party without permission. Information that is discussed during the mediation will never be disclosed to any party outside the mediation, unless full permission is given by the other parties concerned.
Mediation is without prejudice:
Therefore, anything discussed, seen or offered within the mediation cannot be used or taken into account in the rare event that the mediation does not settle and the issue continues to tribunal or litigation.
Mediation is Non-Judgemental:
During the mediation Paul’s function is not to pass judgement or give opinions on party’s positions and points of law at any point. He is a ‘facilitative mediator’ which means he uses the process to assist the parties to a mutually agreeable resolution. Paul is not an ‘evaluative mediator’ as he believes that it is up to the parties to reach their agreement; this is why mediation differs to litigation. Paul is a skilled exponent of reality, testing the party’s positions to make them realise their positions within the assisted negotiation.
Mediation is Non-binding:
Within mediations there is no resolution between the parties until all the parties agree to their own settlement. Without everyone involved saying ‘yes’ there is no deal and the settlement is non-binding until a settlement agreement is written and signed. Only after it is signed does it become a legally binding contract.
