Mediation – Resolving disputes amicably

 

By Hasnain Shah

If you find that going to court is lengthy, expensive, stressful, and an unsatisfying process, then mediation may be the best option for you.

What is mediation?

Mediation is a type of alternative dispute resolution. It is a method of resolving disputes by using an independent and impartial third party, who can help opposing parties to reach an agreed solution.

When can it be used?

Mediation can be used to resolve almost any dispute. This ranges from child access disputes between former partners to work disputes between employer and employee. Unless there is conflict over a point of law, a mediator can certainly assist in dispute resolution.

How does it work?

Mediation is a flexible option and therefore can be tailored to meet the unique requirements of the parties involved.

However, a likely mediation scenario involves both parties initially providing written statements to the mediator. The mediator will then discuss the case with them and explore the different points of view. This helps to establish and examine the real areas of disagreement. From this, the parties will be assisted to create and discuss options for resolution by the mediator suggesting offers and encouraging problem solving to achieve an outcome that both parties are happy to accept. Once a solution has been reached, a written agreement is finalised and both parties will have the opportunity to sign it.

Why use it?

With mediation comes several benefits:

  • Cost and speed - It is significantly less expensive then litigation as disputes are resolved quicker. Whilst litigation can be ongoing for months, even years, an experienced mediator can resolve a conflict within a day
  • Flexibility - There are different methods of mediation which can be modified according to unique circumstances.  It can be arranged at a location convenient for both parties and a time not restricted to normal working hours
  • Preserving a relationship - Where a dispute is such that the parties will still be in communication in the future, mediation as a non-confrontational method to reach an agreed solution would be a good option to help uphold an amicable relationship.

If you would like to be put in touch with a mediator please call Caven on 08001 221 2299 or fill out the web form.

Hasnain Shah is one of Caven’s most experienced and knowledgeable telephone advisors.

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