Mediation is a voluntary and confidential process providing a cheaper and more flexible approach to resolving disputes regardless of their value or complexity.
As the process is not embroiled in a legal frame work, mediation can be adopted across a wide range of disputes in order to achieve the client’s goals.
Typically, an appointed independent Mediator will consider written statements provided by the parties and will discuss the issues raised in a non confrontational environment. Constructive solutions are then achieved by narrowing the issues between the parties enabling them to resolve their problems in a fair and transparent way.
The outcome of a mediation remains confidential to the parties thus preserving reputation but once agreed and signed off, the final agreement is binding as if reached at court and can be enforced in the same manner should one party then default.
The cost of the Mediator is shared equally between the parties who also bear their own legal costs of the day. Often mediations can be set up in a matter of weeks and a significant number of mediations settle on the day. Against the backdrop of lengthy and unpredictable litigation it is understandable why mediation has become the preferred alternative.
The Civil Mediation Team is headed by Alistair Rustemeyer, an accredited mediator with the Centre for Effective Dispute Resolution. Having gained accreditation in 1999, Alistair has been involved in numerous mediations as representing party, assistant and lead mediator and is able to offer first hand experience in discussing whether mediation is right for you.
The advantages of mediation are speed, confidentiality, flexibility and cost.
For information on our other mediation services,please see Commercial mediation and Family mediation.
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Using an independent third party to settle disputes without going to court. The third party acting as arbitrator must be agreed by both sides. Contracts often include arbitration clauses nominating an arbitrator in advance.
An offer to contract must be made with the intention to create, if accepted, a legal relationship. It must be capable of being accepted (not containing any impossible conditions), must also be complete (not requiring more information to define the offer) and not merely advertising.
An alternative to litigation to resolving disputes
An alternative method of resolving disputes where the parties reach their own agreement with the guidance of a trained mediator.