The Client’s Guide to Mediation

The Clients Guide To Mediation

Mediation is a way of settling your dispute with another person, company, organisation or public body.

 

It involves negotiation between you, your opponent and, if instructed, your lawyers. What makes it different is that you and your opponent invite an impartial mediator, to help you resolve the dispute.

 

A mediator is not a judge. Decisions are not based upon presentation of who has the best case or who is right and who is wrong. Instead mediator works with all parties to help them find their own solution to the dispute.

If, and only if, all parties agree to a settlement then a binding agreement will be written up and your dispute will be resolved. Because you have to agree to any settlement you can never “lose” at mediation – if you don’t agree there is no deal.

Mediated solutions are often “common sense” or “commercial” agreements instead of “legal” solutions which a court could award.

Parties are not always “happy” with the settlement but are prepared to accept it because:

  • it puts an end to the stress caused by the dispute;
  • it saves further legal costs (including paying an opponent’s costs if you lose at court);
  • it saves the time that would be wasted on preparing for litigation;
  • it removes uncertainty about the outcome;
  • it is their solution, not one imposed by a judge or arbitrator;
  • the solution can be designed to preserve important future relationships – there does not have to be a winner and a loser.