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Mediation, as used in law, is a form of alternative dispute resolution (ADR) between two or more parties. An independent person, the mediator, assists the participants to negotiate their own settlement. Mediation has a structure, timetable and dynamics that ordinary negotiation lacks. The process is private and confidential. Mediators use a variety of techniques to open, or improve dialogue between disputants, aiming to help them reach a permanent agreement on the disputed matter. Much depends on the mediators skill and training. The mediator must be wholly impartial. Why Mediate? Mediation is an effective alterantive way of resolving disputes without the need to go to court. It allows the parties in the dispute, assisted by a trained mediator, to seek an outcome for themselves. The obvious advantages are speed, economy, certainty and informality in as much as you may be able to explore issues during the mediation that go beyond those a court could consider. How does it differ from going to Court? A court is highly structured where the judge will hear the evidence, apply the law and reach a decision based on the application of strict legal principles to that evidence. A court will only answer the specific questions posed in the litigation It is frequently an expensive, time consuming, stressful and uncertain process The court decision may go against you, or worse still, the judge may reach a decision that suits neither party. With mediation, at the very least, you may be able to reach a solution that you can live with even if it is not your ideal solution |
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