What is Mediation?
- Can take place without, before, during or after legal proceedings and can deal with issues that the law cannot deal with depending on what each party wishes to bring into the process.
- Is quicker, easier, cheaper and less stressful than going to court and the mediator unlike a judge does not decide for you but ensures you decide what to do for yourself and the other.
- Mediators do not give legal advice, although we can give limited legal information. We always recommend taking your own independent legal advice as mediation works better if parties have good legal advice about what might happen in court, such as percentage chances of winning, strengths and weaknesses, etc. Being well prepared to mediate helps. Lawyers often attend mediation.
- Can preserve relationships either business or personal when needed or aid the closure parties need.
- Can be rewarding for parties – in the sense of a better understanding the nature of the dispute, yourself and the others and the discovery during mediation that the process works to facilitate resolution of issues. This results in you moving on with grace and usually relief that it is finally sorted.
In which a neutral person with professional skills brings together disputing parties in order that they may work together to find solutions to their issues.
Consensual not adversarial
It’s voluntary and in the process parties gain comprehension of how the necessary change may be created.
Private and confidential
Parties can talk without fear of come-back and can explore ways forward. Nothing said or done on the day can be used against anyone or repeated outside of the mediation.
Impartial, neutral and independent
The mediator works equally for both parties, is independent and has no interest in the outcome.
Focused on the future
Mediation is always forward looking towards problem solving what may best be done.
Focused on interests and needs
Discovery of what needs to change is essential to reach an understanding out of which to create a useful outcome.
Fast and effective
Statistics show that the majority of mediations settle on the day or shortly after.
The mediator manages the process by adapting it to the needs of the parties.
Mediation produces surprising possibilities which can include resolution of issues which a court cannot judge.
When the settlement agreement is signed by both parties it is a binding contract which can be enforced by the court (not in Family).