Mediation is a way of resolving disputes and disagreements through structured dialogue. The Mediator is an independent party who assists both sides to reach an agreement.
The Mediation process (which usually takes place over one day), involves talking through the issues with each party and discussing possible solutions; each party has the opportunity to raise any concerns. By the end of the process the Mediator will help them reach a legally binding arrangement.
Half Day Mediation £500plus VAT per party
Full Day Mediation £750plus VAT per party
Venue hire - £200plus VAT per party
Mediation ensures you are in control of the decision making rather than handing that power to the court. It enables there to be a 'win-win' where both parties can settle on terms that are acceptable to them, rather than the 'win or lose' decision a Judge will make. There's also flexibility for parties in the terms of any agreement (examples include period of time for making payments, or confidentiality of any agreement reached) rather than the standard terms a public judgement a court would reach.
You can choose where and when the Mediation takes place and who attends. Whilst it is preferable for all relevant decision makers to be present, Mediation can even take place remotely via video or telephone conferencing.
Whether the dispute is with a business or a relative, Mediation allows discussions to take place in a way that can help build bridges, repair family relationships or retain goodwill of a customer or employee.
It can take place at any point in the dispute, whether court proceedings have been issued or not, and are nearly always resolved in a day. In contrast, from the start of a dispute, the court will rarely decide a case within a year.
Anything said during mediation is without prejudice ('off the record') and cannot be used against you or referred to at a later date. You can also agree that any agreement made is kept confidential so that no one else will become aware of any commercial decisions you may make.
There are no cross examinations by barristers, swearing on oath in a witness box or having an opponent or judge scrutinise you. With Mediation you can decide what you want to discuss, who does the talking and even whether you are in the same room as each other.
A court case will require disclosure of any relevant documents (whether they help your case or not), witness statements from those involved and a trial. This can disrupt business and use up several working hours that could be spent maximising profits. With Mediation, matters can be resolved in one day.