Mediation is a valuable alternative to civil proceedings or trial and provides an opportunity for parties in a dispute to come together, communicate, and work towards a mutually acceptable resolution. This process involves the intervention of a neutral third party, the mediator, who assists in facilitating productive discussions and negotiations.
This process is highly recommended by the courts, due to its proven success and limited risk. In some instances, during live proceedings, the court may encourage both parties to mediate in an attempt to reach an amicable resolution, failure to agree to such recommendation may penalise the refusing party, when costs are assessed.
Mediation is a form of alternative dispute resolution (ADR) that is often used to settle legal disputes without going to trial. It is a voluntary process that allows parties in litigation to explore potential solutions, identify common ground, and reach an agreement with the help of a mediator. The mediator does not make decisions but instead guides the parties towards finding a resolution that aligns with both parties' interests.
The mediator is a critical figure in the mediation process. They are an impartial and trained professional responsible for creating an environment for constructive negotiation. The mediator assists in identifying issues, clarifying perspectives, and promoting communication between the parties.
The mediation session usually commences with an introduction from the mediator, who outlines the ground rules and the confidential nature of the process. Following this, both parties can be placed into separate rooms or calls where they will have the opportunity to discuss matters with the mediator privately. The mediator encourages the exploration of various aspects of the case, where each party can present their evidence or arguments allowing them to consider possible solutions.
As discussions progress and the parties begin to engage in negotiation. The mediator helps them exchange offers and counteroffers, keeping the conversation focused on finding common ground and a solution that suits both parties.
If a resolution is found that all parties accept, the mediator may assist with drafting an agreement which outlines the terms agreed between the parties to be written down, which will then be sent to the parties' solicitors for finalisation.
In conclusion, mediation offers an opportunity for parties involved in disputes to actively engage in resolving their issues. It provides a constructive, time-efficient, and cost-effective alternative to trial, guided by an impartial mediator, who aims to reach a satisfactory resolution for all involved parties.
Here at Clapham & Collinge LLP, we regularly assist with contentions matters and are well versed in dealing with matters that may require mediation.
Should you have any queries regarding a contentious dispute or wish to consider mediation with any ongoing dispute, please contact our dedicated Client Relations department on 01603 693510, or email enquiries@clapham-collinge.co.uk.
