Civil & Commercial Mediation
The cost, stress, time and uncertainty of going to court makes mediation a very attractive option to explore before going to court or even during the process.
The mediator, as a neutral party, facilitates a discussion between two participants to help them find a way forward to settle a dispute before taking a legal route (or during the process). The participants are in control of the decision to settle and the terms of resolution. Any settlement reached is recorded as a written agreement between parties.
As there is no judge at mediation to decide the outcome, the participants, supported by the mediation process, can come to their own mutually acceptable agreement.
Participants may have legal representation at the meeting or on hand on the phone or they may choose not to.
The mediation process is entirely voluntary and participants may leave the mediation at any time. Participants do not have to be in the same room as one another, the meeting can be facilitated so messages are communicated between participants by the mediator.
The Process
Stage 1:
Before mediation:
I will have a private and confidential meeting with each separate participant. At each of these initial meetings, the participant is given an explanation of the mediation process and the opportunity to ask questions. I will ask the participant to discuss in detail how they see the situation and what they feel about it. I will clarify the main issues and how to explore ways to resolve them. At the end of the meeting, I will confirm if the participant wishes to continue with mediation and, if so, how we will proceed.
Stage 2:
Arrival at mediation:
The participants arrive and are put in separate private rooms and then I will meet with each participant individually to go over the key issues for the mediation. This will be followed by a joint ‘admin’ session, where the ground rules are set out and participants are invited to make any opening statements.
Stage 3:
The mediation:
Following the opening session participants return to their private rooms where the mediator meets with them and begins to discuss how to move forward. The mediator facilitates the exchange of information between participants to help move towards agreement and settlement.
Stage 4:
The settlement:
Through the exchange between participants a settlement is shaped and, if needed, the mediator supports any deadlocks in the process.
Stage 5:
The settlement terms are finalised and written up by the lawyers or participants themselves and then signed.
Confidentiality
The information shared by participants is only passed to the other participant with express permission. Any other discussions between the participant and the mediator are strictly confidential. This enables the participants to safely talk to the mediator in the process of moving towards an agreement with the other participant. Any discussions or offers made at mediation (except those that are laid out in the final signed agreement) are ‘without prejudice’ and cannot be used to further the case of any participant in a court of law.