What is Mediation

A mediator is a neutral person who assists parties and their advisers to a resolution of the dispute.

The mediator can chair joint sessions and meet with parties in private and find out underlying reasons for the dispute and identify interests of the parties.

A mediator will not make a decision or make any findings and the mediation process is confidential and without prejudice.

It is intended that the whole mediation process should be completed within 90 days or sooner.

Is Mediation effective?

Research shows that recourse to mediation has a high success rate; it is faster and can save legal costs and it can result in preserving the business relationships between the parties for the future.

When can you use Mediation?

Mediation can be attempted at any stage of a dispute and the courts are likely to permit adjournments to litigation if there is a chance that mediation could resolve the dispute.

If the mediation fails, the parties are free to proceed with litigation without prejudice to their legal rights.

Most types of dispute can go to mediation provided the parties make a genuine attempt to mediate.

Some cases where mediation has been regularly used include disputes involving companies, partnerships, professional negligence, inheritance, employment, family and construction.