Mediation is a confidential process that gives parties control over the outcome of their dispute. It is the most cost-effective way of resolving disputes between two or more parties without involving the courts.   

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Generally, most people sail through their lives without any major disputes which warrants the involvement of the courts.  However, sometimes in life, either  at work and in personal, disputes and disagreements can sometimes arise at unexpected times. 

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The level of any such disputes can vary in their levels of importance.  Some disputes which may initially appear to be clear or minor may become complex and costly at a later stage, which undoubtedly will  direct impact on one’s daily life and its associated stresses.

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Even though the use of mediators in resolving issues have been around for very many years, most individuals often revert to the courts to resolve their disputes. Court proceedings could take months or even years to conclude and the parties are never in control of either the process or the outcome of their dispute. A party may win in a court proceeding but still be worse off due to the associated costs.

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In contrast, mediation can be completed within 28 days from the date of the initial referral.  

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The parties’ participation in mediation is entirely voluntary. The mediation process is strictly private and confidential, and the mediator’s role is to bring structure to the proceedings to ensure each party can make their points, in order for them to reach a settlement which is acceptable to the individual party to the dispute. However, there is no obligation for the parties to reach an agreement and are free to even walk away.

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The role of a mediator is to act as an impartial and independently qualified professional, who assists all parties involved in negotiating a mutually agreeable settlement.  The mediator can provide participants with information about the law in relation to the subject matter of the particular dispute or options available to the parties, however, they do so from a neutral perspective with no interest in the outcome of the dispute and cannot impose a solution upon the parties.

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Most importantly, mediations usually take place on a single day with a signed agreement.  Once an agreement is reached then the parties’ legal advisers will draw up an agreement reflecting the terms. If the parties are not represented, then they will draw up an agreement between them to reflect the terms reached. 

 

Contact us for further information as to what will happen on the day