WHAT IS MEDIATION?
Mediation is a process that assists parties to resolve a dispute. It is a confidential and voluntary process that parties can engage in before or during legal proceedings. Litigation can be resumed if mediation is unsuccessful. Additionally, mediation is 'without prejudice'. This means that any information shared cannot be considered admissible evidence in litigation. Should an agreement be reached, it is only binding once all parties to the dispute have signed it.
Mediation is often a cheaper and more constructive method of resolving disputes. The process can often avoid lengthy litigation. It can be scheduled quickly and the vast majority of disputes are resolved on the day.
HOW MEDIATION WORKS
Each party provides a short overview of the dispute to the mediator prior to the day of the mediation.
On the day, subject to the parties' approval, an initial meeting is held where each party has the opportunity to set out their position.
The mediator then shuttles between parties by holding confidential meetings.
The mediator will collect the relevant information and test the strength of the party's case and reality check any offers made. This will be completed from an independent and neutral position.
Once the deadlock is broken, a written binding agreement is created and signed by all parties involved in the dispute.
WHAT IS ONLINE MEDIATION?
Online Mediation is mediation but in a virtual setting. A meeting is held on suitable software and the process is as detailed above. However, rather than shuttling between actual rooms, the mediator shuttles between private online rooms. This has many benefits for the parties involved:
It saves travel costs and time for parties as neither party has to travel to an agreed location (this is ideal for parties that are not located near each other);
Parties do not need to cover the venue fee for the day;
Parties can conduct the mediation in the comfort of their own home or offices;
The mediator fees are cheaper, there are no travel or accommodation costs involved but the service provided is the same.
CIVIL & COMMERCIAL MEDIATION
Types of disputes covered:
Business
Construction
Contractual
Engineering
Intellectual Property
Landlord & Tenant
Personal Injury
Professional Negligence
Property
Sale of Goods & Services
Trusts, Wills & Probate
*This is a non-exhaustive list provided to give guidance to clients considering whether their dispute would be covered. If your dispute does not fall into an above category please contact us as your dispute may still be covered.*
