A Mediation is an effective way of resolving disputes without the need to go to court. It involves an independent third party – a mediator – who helps both sides come to an agreement. It is also a voluntary process. Thus, both parties must agree and be willing to negotiate to reach a settlement. It is a confidential process where the terms of discussion are not disclosed to any party outside the mediation hearing.
If parties are unable to reach agreement, they can still go to court. Details about what went on at the mediation will not be disclosed or used at a court hearing.
The fact that either party may leave at any time helps takes some of the pressure away that might otherwise block a mutually acceptable resolution being reached. Indeed the fact that the party with representation if they so desire and/or agree, take such an active part gives them the feeling of control, that is the procedure, timetable and costs are not at the hands of a third party adjudicator or arbitrator. Thus the procedure is hoped to reduce conflict and rather enable the parties to focus on the actual matter in dispute thereby hoping to facilitate the best chance of speedy and cost effective resolution.
How can we help?
Silver Shemmings not only has experience of conducting mediations for both Claimants and Defendants but also provide the services of accredited Mediators.
We represent clients in the following areas of work:
- Construction Disputes
- Commercial Disputes
- Business Disputes
- Employment Disputes
At the outset of most instructions from our clients, we advise on less visible costs such as adverse publicity, damage to reputation, loss of customers, low morale and missed opportunities. In our experience, many obstacles in commercial and construction projects could be overcome if the parties are willing to go to mediation.