Mediators use specialist communication and negotiation skills to help parties resolve a conflict. Acting at all times as a neutral third party they encourage parties to participate fully in the process whilst performing the role of “process manager”, thereby guiding the parties towards a mutually agreed outcome that takes full account of their needs, rights, and interests.
Conflicts arise from disputes in a variety of scenarios, including:
- Commercial
- Business relationships
- Tenant and landlord
- Community and neighbour
- Workplace
- Medical negligence
- Divorce
- Family matters
What are the benefits?
In many scenarios disputes are heading towards potentially costly and lengthy legal proceedings. Whilst in the event that mediation is unsuccessful that route remains open, there are a number of benefits from attempting to resolve matters through mediation. Bear in mind that courts actively encourage mediation and according to the Centre for Effective Dispute Resolution (CEDR), over 80% of cases referred to their services settle.
Mediation saves money as costs are a fraction of the cost of expensive court and employment tribunal proceedings. In the world of employment and business relationships, for example, mediation saves money by avoiding formal procedures, wasted productivity, and the use of resources in investigating and resolving disputes.
Mediation saves time as it is a much quicker process than any legal process. Mediators can usually be found quickly and most mediations will be dealt with in one day. Even where a number of sessions might be needed, such as in divorce matters, mediation will still be much quicker than the legal process.
Mediation is much less formal than a court or employment tribunal setting. Whilst lawyers will often be present to support their clients, there are no courts, judges or tribunals involved. There is a process to mediation, managed by the mediator but it is less intimidating and usually undertaken at a neutral venue agreed by the parties.
The parties retain control and make the decisions. A mediator will never tell the parties what to do and the outcome remains in the hands of the parties, unlike in proceedings where a judge or arbitrator makes decisions and imposes outcomes.
The mediation process is completely confidential and without prejudice meaning that in the event the matter is not resolved and proceeds to litigation the matters discussed are not disclosable.
Whilst mediators charge for their services (but see the “saves money” paragraph above), the parties have nothing to lose. In the event that agreement can’t be reached the parties’ legal rights are not affected.
The settlement is binding as once the details are agreed by the parties they will sign a binding settlement agreement.
“Mediation is better able to achieve a just or fair outcome for the parties, provided that both have the will to settle their differences. Fairer not because the outcome necessarily reflects the substantive legal merits of the underlying dispute but rather because the parties have both participated in a consensual process and reached a mutually agreeable resolution.”
Lord Neuberger of Abbotsbury, Master of the Rolls (2009 – 2012)
Whilst in this blog I haven’t gone into the process in any detail hopefully you have an idea of it, and an appreciation of the benefits. Do get in touch if you want to know more.