What is mediation?
Mediation is an alternative to legal proceedings in a court.
It is a voluntary and cooperative process for resolving disputes.
Mediation seeks solutions that both parties have been involved in creating. The service is confidential and what is said is “without prejudice”. If agreement is not reached, you may seek a court decision.
The costs of the mediator are shared by both parties and, generally, mediation is a cost-effective process with resolution that is faster than through the legal system.
After agreeing to mediate and completing initial formalities, a meeting is arranged by the mediator at which all parties (and their representatives, if any) come together to attempt settlement.
If settlement of the dispute is achieved, the parties are asked to sign a legally binding settlement paper thereby terminating the dispute.
Why mediate?
Advantages of mediation are:
- Communication Mediation allows conflicting parties to fully communicate with one another, in a constructive & positive environment.
- Time Savings Mediation provides parties with a shorter time frame in which to resolve disputes.
- Cost Effective Mediation is a relatively inexpensive process; e.g. no filing, court, witness, expert or Counsel’s fees.
- Privacy Mediation meetings are confidential and “without prejudice”; e.g. no press, court reporting, transcription, or court records.
- Flexibility Mediation meetings are conducted without protocol or formal procedures; disputing parties have a wider scope to explore & discover solutions; eg private sessions, on-site meetings, expert evidence, & frank discussions.
- Self satisfaction At mediation, only the parties, not their lawyers or judges, make the decisions.
When not to mediate.
Mediation is inappropriate if:-
- The dispute involves a point of law, interpretation of a document, or the necessity for an injunction.
- The disputants have a history of mutual intimidation, violence or acrimony.
- There is an agreement between the parties to establish a legal or public precedent.
- There is an imbalance of power, social or financial position, between the disputants.
- A statutory time limitation is about to expire.
CAUTION: Mediation does not suspend the operation of a statutory time limitation. We urge you to obtain legal advice on this important legal principle, in the event that mediation fails and you are obliged to litigate.
Mediators Costs
DMAS and FMG mediators work independently and we recommend you phone individual mediators without obligation or cost to outline your dispute and obtain an estimate of professional fees & or expenses likely to be charged and the manner of payment. Usually, mediator’s fees and expenses are shared between disputing parties and are payable whatever the outcome of the mediation.