What is Mediation and Why should you use it

 What is Mediation?

Mediation is essentially a managed discussion and negotiation between two or more participants, with a view to finding a resolution of a dispute, which is acceptable to all involved.

While it is a condition of some legal situations before court proceedings can be considered it is essentially a voluntary, confidential and “without prejudice” process.

It is overseen by a neutral and impartial facilitator (the mediator). The mediator works with the participants (and their advisers where needed), to help find an acceptable solution to the dispute and thereby avoid the extreme financial and emotional costs of going to court.

Why Mediate? 

· It is much cheaper than going to court

· It is a much quicker process than taking legal action

· It is much less adversarial than a court hearing 

· You are able to have much more control of the process than in a court 

· Almost 90% of UK mediations end in a settlement

· Mediation often allows participants to continue a professional or personal relationship after settlement

· With mediation there are no winners or losers as each participant decides the final
settlement unlike a court where a judge will decide who wins the ‘court’ case
and therefore someone looses!

 

'A great mediation will be settled with all participants being equally happy or
equally unhappy but never with a winner and a loser'