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The aim of Mediation

The aim of mediation is to allow disputing parties to try and settle their dispute outside of the judicial system in a private, confidential and professional setting with a view to reaching resolution on the day thus saving time, resources, money and stress.

There are many advantages to using mediation

  • It’s a much faster process than going to court (resolution can happen over a day)
  • It’s a lot cheaper than legal costs
  • It can be implemented into companies policies & procedures as a form of dispute resolution prior to going down the ‘legal’ route
  • Less formal and intimidating than the court setting
  • Strictly Private & Confidential
  • Flexible in terms of process & remedies
  • Allows you to retain control of the dispute throughout
  • Seen as a legally acceptable way to resolve a dispute
  • Unclogs the courts of unnecessary hearings
  • No negative repercussions if it doesn’t work

Up to now the majority of civil or commercial disputes are hashed out in the court setting where two disputing parties represented by their appointed legal teams present a case for each side. The active role by the solicitors in this case is to represent their client’s position and generally take on the full active role of the argument. This model of active participation by the solicitor and passive participation by the party arises from the role of advocacy filled by the solicitor in the litigation process in general.

Effective mediation however differs dramatically from a judicial settlement conference because it utilises a model of active participation by all parties and not just the solicitors (although legal representation at mediation is also encouraged for cases where advice on legal matters may need to be sought before an active participant can make a legally sound decision).

Mediation is all about allowing and encouraging the active participation of each party who are in dispute thus facilitating each to meet and agree on an a fair solution that they can both live with.

Both party participation helps contribute to a fair resolution.

Read about the process »


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