About
Mediation - Overview:
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Mediation is an Alternative Dispute Resolution (ADR) processes used to resolve disputes and disagreements using a Mediator as a neutral third party to assists the parties to negotiate a settlement.
Mediation can be used successfully at any time however is often used as a pre action protocol before resorting to adversarial methods such as adjudication, arbitration or court proceedings and Mediation can be used even once proceedings have commenced. One other important factor with mediation is that it also tends to preserve and re-establish relationships between the two parties.
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To be successful, there must be a mutual commitment by all parties to make the process work. Unlike a judge, arbitrator, or adjudicator, the Mediator will not impose a decision on the parties but instead will help the parties achieve a mutually agreed settlement.
There are two ways to conduction a mediation; Facilitative or Evaluative. The Evaluative method of mediation the mediator can use his/her experience and knowledge in the field of the disputed area, to comment on and give their views on the informed decisions being made by the parties.
Evaluative mediators are usually legal practitioners or have expertise in a particular area of the conflict. They can provide the parties with an evaluation of the strengths and weaknesses of their case and they may also offer direction towards settlement options.
MEDIATION
Mediation is a voluntary process of resolving disputes by the conflicting parties with the help of an independent, impartial 3rd party - the mediator..
In facilitative mediation, any decision making is left to those involved, the mediator has no decision making authority or give any opinion. The mediator offers a structured process for the parties to make best use of in seeking mutually satisfactory solutions.
Mediation is a private process. All information, records, offers or other documents received by a Mediator while serving in that capacity will be confidential and privileged from subsequent production. The parties will maintain the confidentiality of the mediation and cannot rely upon or introduce as evidence anything said or done at the mediation (other than a final signed agreement settling an issue) in any court, arbitration or other proceedings, including adjudication as the process is “without Prejudice”. Unless both parties agreed to move forward to an adjudication after the mediation.
Save for situations where the parties have agreed how the costs and expenses of the mediation are to be apportioned between them, the Protocol envisages that the parties will share the costs and expenses of the mediation equally.