MEDIATION IS INFORMAL
It is a more informal process than and is not governed by court rules or the law of evidence. Mediation does not take place in a Court and can take place online from the comfort of one’s own home or a neutral venue.
MEDIATION HELPS PARTIES FIND WORKABLE SOLUTIONS
All proposals put forward by the Parties are assessed from a reality- testing perspective. In other words, solutions must be realistic and workable. Mediation focuses on the future and what that future will look like through each’s Parties’ eyes.
MEDIATION HELPS TO REDUCE LEVELS OF CONFLICT
Mediation has the effect of reducing the conflict between the Parties by assisting effective communication. By retaining a future-focus it prevents arguments about right and wrong from developing further. It can avoid exacerbating the hostility between the Parties.
MEDIATION SAVES TIME
Mediation is not bound by time rules. It is a process that can take place at any time, and at any place, which is controlled by the Parties. Because it is an informal process, it is not dependent upon the availability of a Court nor is it dependent upon the availability of a Judge, unless it is Judicial Mediation. All it requires is a time and date when the Mediator and the Parties are available.
MEDIATION SAVES MONEY
Litigating a matter in Court is expensive. Litigation has many hidden costs and requires a more limited amount of preparation time. Mediation does not have hidden costs.
MEDIATION IS MAINLY VOLUNTARY
Some disputes now require mandatory mediation. The UK Government has introduced free compulsory one hour mediation for all civil claims under the value of £10,000. For all other disputes , Parties are asked if they want to attend Mediation. Because they can choose if they want to settle their dispute and how they want to settle it, Parties are much more likely to enter into a binding agreement and achieve finality.
THE MEDIATOR REMAINS IMPARTIAL
The Mediator does not judge the Parties or the issues in dispute. The Mediator’s role is that of facilitating discussions to help the Parties resolve their dispute and reach a settlement agreement.
MEDIATION IS CONFIDENTIAL & WITHOUT PREJUDICE
All discussions held during the mediation are confidential and remain so unless either Party decides. Decisions are not binding unless they are written and signed by the Parties.
THE PARTIES MAKE THE FINAL DECISION
The Mediator helps the Parties to work towards settlement of their dispute. The Parties make the decision on what their final settlement will include. One Party alone cannot decide the outcome. Both Parties play a critical role in determining whether there will be a settlement. Each Party holds a fifty percent veto right on whether to accept the other’s proposal. The principle of Party self-determination ensures that Parties are better able to come up with their own solutions to meet their needs. The freedom includes the Parties’ right to terminate the Mediation and take the matter to Court.
MEDIATION IS EFFECTIVE
Many claims settle during a mediation or shortly thereafter.