Mediation is a way of resolving disputes privately outside of the court process. It offers an alternative way to communicate in order to explore new ideas and solutions. In this article we look at what mediation is, and how it can help you.
What is mediation?
Mediation involves an impartial third party who works with those involved in a dispute to find a mutually acceptable solution in a safe and managed environment.
Everything said in mediation remains confidential. Once all parties are satisfied with the agreements reached in mediation, they are recorded in writing usually prepared by the parties’ solicitors to ensure compliance with any necessary legal formalities.
When can mediation be used?
Mediation can be used for various disputes, including those where litigation is not possible or lawyers are not involved. There is unlikely to be an area of law where mediation cannot be of use, but the most common areas it is used in are:
- Contract disputes: between commercial businesses; between landlords and tenants and constructions contracts.
- Insolvency and finance, including debt recovery.
- Family disputes arising from separation, including divorce financial settlements and arrangements for children.
- Government and Local authorities (this can include health service or education complaints, issues with housing or any other local authority dispute).
- Employment (a common area where mediation is used, often between an employer and employee, or a union and management).
Overall, any disputes between parties that have come to a deadlock in negotiations can be considered for mediation.
Benefits of mediation
Having an impartial third party explore the options with the parties in a confidential environment to try to find common ground can help disputes be solved and avoid costly litigation.
Communication
A significant benefit of mediation is that it can improve communication between the parties engaged in the dispute. This can lead to better relations post-dispute, particularly if the parties need to remain in contact.
Communication during the mediation process is easier too, with the significant advantage that the process is managed by the mediator in a controlled, confidential environment.
Flexibility
Mediation can be a lot less stressful than court. It permits the parties to contribute to – and ultimately determine – what happens, with all outcomes being agreed. This allows the parties to make informed decisions which are more suited to them than a judge-imposed outcome where a judge is restricted in terms of what can be ordered. This offers a flexibility which is not present in the traditional court arena.
Cost saving
Mediation offers a very much quicker resolution to disputes than the traditional court process. This results in cost savings, as well as time.
Different solutions
As the scope of mediation is so broad, the agreements reached can vary from case to case. The best solution is not always a financial remedy, but may involve a recognition of wrongdoing (with steps taken for it to be prevented from happening again), or even for the completion of work to be carried out.
As mediation can be used for various disputes, the options for a solution are also varied.