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Mediation is probably the only dispute resolution process where the parties between them control the outcome. The mediator can't impose a solution and does not decide which of the parties is right or wrong. The mediator's role is to impartially facilitate settlement of the dispute.
Our mediation service is experienced at exploring the issues, facilitating negotiations and encouraging the parties in dispute to develop commercially sensible options with a proven success record of achieving agreed settlements in over 90% of mediation cases.
A mediation can be set up in a matter of weeks, if not days. It thereby avoids the many undesirable consequences of protracted litigation - drain on costs and resources, damage to health, the destruction of businesses, termination of business relationships, and even marriages. You have the services of an experienced person who can aid your negotiations and assist in achieving a quick settlement.
Generally the cost is greatly reduced in comparison with pursuing the matter through the courts or arbitration.
The Mediator may be able to explore alternative solutions that may not have been considered by the parties or are not possible or available through the courts.
In litigation, parties relinquish control of their dispute: the Court controls the procedure, the level of disclosure, the evidence to be given, and the Judge has exclusive control of the outcome. In mediation, the parties retain full control of the entirety of their dispute, allowing them to reject settlements with which they do not agree, and enabling them to reach more creative settlements or just 'good enough' settlements with which each party can readily live.
It allows the parties their day in court more effectively than by going to court itself by allowing each person in dispute to be truly 'heard' to have their full and frank say to the mediator as well as to the other side in a 'safe' environment. It also facilitates apologies to be given or explanations made - which is often what parties really want.
Parties who end up in court, with a winner and a loser, will rarely be able to continue any commercial, trade or other relationship; whereas mediation allows parties to reach settlements with which they are both content, thereby enabling them to continue with pre-existing business relationships.
Litigation often attracts unwanted publicity, with parties obliged to 'wash their dirty linen in public'. Mediation is totally confidential with each party retaining complete control over whether and what matters can be revealed. Confidentiality clauses are also frequently included in settlement agreements.
If the Mediation is unsuccessful, you have neither prejudiced or sacrificed any legal rights nor delayed significantly any ultimate settlement by the legal process.
Parties often feel overwhelmed when fighting large corporations - at mediation they are simply individuals around the table, and an effective mediator can protect parties against power imbalances.