Mediation
MEDIATION – SOLICITORS GREENWICH
Mediation is a type of alternative dispute resolution (ADR). It is used to attempt to settle disputes and prevent them from going to expensive and stressful court cases and tribunals. It is an informal process in the sense there is no set legal procedures involved, although to get the most out of mediation, some formal structure will usually be required.
The person who assists the negotiations between the parties is called a mediator. Professional mediators are skilled communicators who strive to open or improve dialogue between the two parties with the aim of facilitating negotiations and arriving at a concrete settlement.
Uses of mediation
Mediation can be used for a wide-range of issues, including:
- Commercial – breach of contract, shareholder and partnership disputes
- Family – divorce, will and inheritance disputes, child residence and contact issues
- Property – tenant and landlord disputes, contractor disputes
- Employment – unfair dismissal, vicarious liability and workplace accidents, discrimination, maternity/paternity leave issues, harassment
- Community – nuisance, arguments over rights of way and neighbouring land etc.
It must be remembered that the above list is non-exhaustive. Given mediation is not strictly a legal process, it can be used for almost any type of dispute or issue whether it is strictly legal or not. Indeed, purely interpersonal problems (if you fall out with your spouse or someone at work, for example) can be potentially resolved by mediation.
The mediation process
The parties agree to the time and place to meet. The mediator will then make sure that representatives of both parties are in a position to come to an agreement. After summarising the dispute, a representative from either party will make a short statement as to the primary issues and their position.
The mediator will then talk to both parties in private. This will allow him or her to understand what each party wants and establish any common ground without having to act like a referee in a boxing match.
Both parties will then meet again in the presence of the mediator. The mediator’s job is to facilitate negotiations, establish common ground and dispel any anger or antagonism. A mediator will not reveal any information about either party if they either party makes such a request.
Where possible, the mediator will try to arrive at a legally binding solution. The length of time this take depends on the nature of the dispute, the respective feelings of the parties and the skill of a mediator. Usually, if a result cannot be achieved in 1 day, the process is unlikely to work.