Mediation & Dispute Resolution
We can mediate a dispute on behalf of parties to that dispute.
Mediation is a structured process where a mediator helps the parties to clarify their dispute and to explore options for settlement. It is a procedure whereby the parties can identify their own settlement options, rather than them being imposed upon them by a third party decision maker.
All cases which are before the Courts and Tribunals are referred to mediation and parties must attend and participate in good faith.
Mediation is better than a court rules decision because -
- A dispute may be resolved sooner than court proceedings can be finalised;
- It is usually much cheaper than resorting to litigation;
- The parties can choose their outcomes and the forum for the mediation;
- Mediation is conducted in a more user friendly environment;
- The mediator is skilled in dispute resolution;
- The process is confidential and without prejudice;
- Parties are often more pleased with the resolution as they have been actively been in reaching it.
- Once a settlement is reached, an agreement is entered into so that the matter is finalised.
The mediator will commence with explaining the rules of engagement including that the parties will be civil to each other and engage in attempting to mediate. Parties and the mediator can agree upon any form of process that they think fit, providing that it fits within the accepted conduct for a mediation.