Why is Mediation beneficial?

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.

Process

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.