Mediation - Civil and Commercial
There are a number of reasons why parties might be interested in arranging a mediation meeting as opposed to going to a fully contested court hearing.
1. Mediation is more cost effective. The cost of civil proceedings can run into thousands of pounds paying for lawyers, barristers and experts all eating into the cost of any potential settlement. Mediation will be concluded on the day for a fixed and determined fee.
2. Mediation is a private and confidential meeting. Nothing cited in the mediation discussion is will appear in any court proceedings unless and until an agreement is reached. The whole process is confidential as opposed to a public hearing in court.
3. The timescale for conducting a mediation will often be far quicker than waiting for full blown contested court hearings. Therefore, it will be a speedier solution to an ongoing dispute that may be taking up too much of your valuable time already.
4. Often a mediation is a far less confrontational process and it may allow parties to resume their previously good working relationships, on a personal and a professional basis.
5. There are a far greater set of resolution options available to the parties as opposed to the narrower outcomes that can be imposed by a court. The process may allow the parties involved to reach acceptable conclusions that the court would never have been able to accept.
6. It may be that mediation is able to resolve part of the complaint thus narrowing the outstanding issues for the court. This may allow for a reduced court hearing thus again saving money.
7. In a mediation, you play a part in the outcome of the arrangement. You do not have a decision imposed upon you as you would have following a formal decision by a Judge. You are therefore able to mould and influence the outcome.
8. There are many other benefits to mediation but these are just a few.
The mediation process is a simple one that everyone can benefit from. Generally there are three parts to a mediation session;
1. The Opening Session
This session normally allows for an explanation of the day to be made to both parties and it is an opportunity for both sides to give a short overview of their case as they see it.
2. The Private Sessions
After the opening both parties will separate to allow the Mediator to move between them to discuss their own individual case in more detail. This information is kept totally confidential by the Mediator and only revealed to the other party with express consent.
After the parties have reached an agreement they may wish to come back together to finalise the details in one final meeting. Hopefully this can be an amicable resolution to the days hard work and everyone can leave satisfied with the outcome.