Mediation Services
What is Mediation?
Mediation is one of a number of non court-based dispute resolution techniques.
Court-based dispute resolution ultimately leads to a trial. The origins of the word ‘trial’ go back to the trials of physical strength or fighting prowess. Inevitably, there are one or more winners and one or more losers on each side. The merits of the dispute may be finely balanced. Whatever the case, the result will be something of a lottery and it may take many months to resolve. This often proves expensive, costing perhaps more than the substance of the dispute itself.
In mediation, the disputing parties appoint a neutral person or persons to assist them in achieving a settlement. The control and choice that the parties have in selecting their neutral and over the process of mediation as a whole is noteworthy. This contrasts with the allocation of a Judge in court-based dispute resolution.
Mediation is without prejudice, which means that options can be explored confidentially, without concessions in negotiations being able to be used against a party if the case does not settle.
How does the Mediation Process work?
The process of mediation will typically involve a series of meetings with all the parties, their advisors and the mediator. These are often called plenary meetings. The mediator will almost certainly hold separate, private meetings with each individual party and its advisors. These are called caucus meetings. The mediator will then shuttle backwards and forwards between the parties, generating settlement options and fully understanding the positions of the parties for their needs and interests.
How long does Mediation take?
The process of mediation is infinitely flexible; nothing is settled until a final agreement is signed up. Many things can be agreed through mediation which a court could never order, for example, the parties could agree to do future business on favourable terms.
A mediation may take a day, two days or even longer. Just about any dispute can be resolved by mediation. Around 75% of cases settle on the day of mediation or in the period following mediations.
Additional Information
"Michael's skills as a mediator enabled the ill-will that was evident at the outset to be diffused during the course of the day. Needless to say, Michael showed a clear understanding of the facts and issues and had clearly done a considerable amount of preparatory work. This was important given the complex IP and contractual issue in dispute and enabled him not only to build rapport with but also the confidence of both sides. The result was that an extremely unfortunate dispute was brought to an end"
Adviser to a Party in a Mediation.
Download Mediation Case Study 1