Mediation is an alternative way to resolve your disputes that is promoted by the government. It is a process whereby a third party, the Mediator, is specially trained to help you to resolve the contentious issue and help negotiations to progress to a conclusion and binding agreement.
The advantages of mediation include;
- Mediation is generally cost effective compared to litigation
- Mediation is quicker than using the court system.
- Mediation allows you to remain in control of the costs.
- Time is money, you are in control of the timing of the sessions, not the court
- You determine the outcome rather than the courts imposing a solution on you.
- Within mediation innovative options can be explored whereas the courts have to use the rigid set of rules.
- Mediation is less stressful than litigation.
- The courts have the power not to award your full costs if you unreasonably do not use mediation.
- The aim of the mediation is that you leave with a binding agreement.
Once both parties agree to use mediation, a venue and date and time is set.
You both will be requested to agree a bundle of documents that you believe will assist the mediator.
You will be asked to provide a position statement to the mediator, this is not a document that the other party sees.
You can attend the mediation with or without your legal advisor.
When there is a satisfactory resolution of the issue, a binding agreement will be drawn up.