What Is the Role Of A Mediator?
A mediator is not there to take sides, nor is he or she a judge. A mediator is completely neutral and is there to facilitate discussion, encourage the exchange of information, play devil’s advocate, exchange and relay offers
of settlement and help the parties to understand the consequences of proceeding with litigation.
The ultimate decision to settle is the parties’ decision.
Why Choose To Mediate?
Litigation is expensive and the outcome is uncertain for all parties. Even if you are successful in court, you may not get the decision that you were aiming for. If you cannot negotiate with your opponent and come to an agreed conclusion then a conclusion will be imposed upon you by a judge and the outcome may not suit either of you and will be after significant legal fees have been incurred.
Mediation brings flexibility to finding a solution to a dispute that litigation cannot do. Your needs and the needs of your opponent can be explored in great depth, which may not necessarily happen in a trial. A mediator can assist you in exploring solutions to your problems and tailoring the mediation to suit issues as they arise throughout the day. Mediation allows you to explore the issues which are most important to you and bring closure to some sensitive issues which may not even be featured in the legal pleadings. The mediator can work with you to help you through certain issues which may be unknowingly causing a barrier to settlement.
It allows you to take control of timing and therefore get some certainty in relation to the costs being incurred. It also allows you to be open with each other yet feel protected by the confidential environment.
What Happens At Mediation?
A mediation can take place in one day and is a flexible process guided by the mediator. The parties may meet and spend a significant amount of time in the same room, or they may never see each other. You will have your own private space to explore solutions to your dispute with the mediator. As will your opponent. A mediator will spend the day working between you to try and reach a resolution.
Do You Have To Sit Around A Table With Your Opponent?
The short answer is no. A joint meeting between the parties will be encouraged if the mediator feels that it will benefit the parties and be productive to the process and conducive to achieving settlement. A mediator will not force you to engage in a joint opening session where all parties sit around the table. That said, you should be guided by the mediator if they suggest that such a session would assist with negotiations. Ultimately it is a decision for you and the mediator can only make suggestions and give guidance based on experience and expertise. As daunting as a joint session may feel, it allows the parties to look each other in the eye and explain what is important to them, even make apologies or listen to someone who has been hurt. This can be priceless in terms of settlement.
Is Your Case Suitable For Mediation?
Most cases are suited to mediation. Litigation is a form of dispute resolution, as is mediation. Mediation is not something that sits within the litigation process, it is a stand-alone process and can be considered as an alternative process to resolve any issues that you may have.
Discuss your dispute with a solicitor or with a mediator directly to consider whether mediation could work. In 99% of cases, it could work, it saves on significant fees associated with litigation and gives the parties the freedom to engineer an outcome that all sides can live with.
Please get in touch with me if you have any questions around the medaition process.
