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Mediation is a voluntary process led by an impartial third party to resolve conflict. Mediation is often described as a form of alternative dispute resolution (ADR) and can be used in almost any kind of case, from small claims through to complex high value multi-track disputes and appeals.
Mediation provides a private forum in which the parties can gain a better understanding of each other’s positions and work together to explore options for resolutions. The process is entirely voluntary, and a settlement only occurs if you are content with the terms.
In mediation all conversations are ‘without prejudice’ which means that nothing that’s being said at mediation can be used in Court, should the dispute end up in Court.
Glanvilles’ dispute resolution solicitors help people with all kinds of legal disagreements, including building disputes, consumer disputes, contested probate, contract disputes and professional negligence claims. We have the expertise to make your legal situation and rights clear and help to ensure you can achieve a fair outcome. Glanvilles are very aware of the financial and emotional cost of litigation. That's why we will aim to resolve your dispute without the need of court action whenever possible through mediation.
The Court process is often long and costly whereas mediation can be arranged much quicker and at less costs to the parties involved with the costs usually being shared between both parties.
Another benefit of mediation is confidentiality. Unlike Court, if matters are settled at mediation there is no need for the matter to go to Court which can potentially be a very public process.
If the matter where to go to Court however the Judge has the final decision on the outcome of the case whereas if the parties are able to mediate and come to an agreement jointly then the outcome is controlled by themselves and not a Judge.
In a typical mediation the mediator meets with the parties gathered together to introduce themselves, outline the mediation process and lay out the key issues for discussion. Following the introduction each side has the opportunity to present its view of the dispute without interruption.
Once both parties have presented their respective views, discussions can commence. During discussions if the parties reach an impasse the mediator identifies the obstacles and works to get the parties back on track. With the parties in separate rooms the mediator will speak with each party confidentially passing information between them.
Both parties then begin formulating proposals and ideas in negotiations. The mediator can lead the negotiations with all parties present or in separate rooms with proposals and counterproposals going back and forth.
If an agreement is reached between the parties the mediator will go over the terms and may write up a draft of what has been agreed.
If however the parties fail to reach an agreement, the mediator will summarise the session and may suggested alternative ways of reaching settlement.
We understand that matters in dispute that lead to mediation may seem confusing and overwhelming, but we are more than happy to guide you through the process and provide you with our legal advice at each step of the way.
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice, and should not be relied upon as advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. All content was correct at the time of publishing. Legal advice should always be sought in relation to specific circumstances.