Commercial Mediation West Wales

 

Tel: 01792 525445

 

 
 

About mediation

Mediation is a form of alternative dispute resolution in which parties resolve disputes with the assistance of an independent, expert, third party (the mediator).

Unlike traditional court proceedings (or arbitration) mediation is a confidential and voluntary process which results in the settlement of disputes by agreement between the parties. The mediator does not make any judgment upon the issues and cannot impose a settlement on the parties.

Mediators are professionally trained to enable them to develop strategies to assist parties in finding ways to resolve issues in dispute. Those specialist skills are borne out by statistical evidence that approximately 80% of cases referred to mediation result in settlement.

In cases where mediation does not result in settlement, parties remain free to pursue any other forms of recourse available to them. The mediation process remains confidential and without prejudice and therefore neither party can refer to or rely upon anything said during the mediation, in any subsequent proceedings.

What happens in mediation?

What are the benefits of mediation?

 

What happens in mediation?

There are no fixed rules about the duration of a mediation or the process for it to follow. The parties and the mediator have the scope to tailor the mediation to the circumstances of the case and of the parties with a view to achieving the best results.

However, some features of a typical mediation include:-

  • The parties (or their solicitors) submit written statements to the mediator in advance of the mediation, providing them with an opportunity to summarise the issues that most concern them and their objectives from the mediation.
     
  • The mediation will normally be scheduled to last for a full or half working day.
     
  • An opening joint meeting between the parties and the mediator allows each party to “have their say” about their case.
     
  • The mediator holds separate private meetings with each party. They are entirely confidential and without prejudice. Within those sessions the mediator explores the issues with the parties and discusses their concerns, interests and objectives. The mediator only relays to the other party what he is authorised to relay.

Once the parties reach a settlement a written agreement is drawn up and a closing joint meeting takes place between the mediator and the parties.

 

What are the benefits of mediation?

There are many benefits of mediation. The key ones include:-

  • Control – parties retain control of the case and have control of the mediation process. There is no imposed solution/ outcome.
     
  • Convenience – mediations can be arranged on short notice, at locations and on terms of the parties’ choosing.
     
  • Cost – substantial costs of court proceedings are avoided or substantially reduced.
     
  • Flexibility – the potential settlement outcomes at mediation are unlimited. Parties can resolve disputes on terms of their choosing, including outcomes which would not be possible in court proceedings.
     
  • Speed – disputes can be resolved very quickly after they arise, enabling parties to preserve ongoing relationships and to avoid unnecessary disturbance to their lives or businesses.
     
  • Success – mediation works. Approximately 80% of cases referred to mediation settle.

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