In this article we bust some common mediation myths:
Mediating is a sign of weakness
No, mediating is about having confidence in your case, so much so that you can put your case forward in the mediation and persuade the other party to believe in your case as well.
Do I have to use the mediation provider in the contract?
Some mediation providers are automatically included in dispute resolution clauses, but you remain free to choose your own mediator. Some large mediation providers are not necessarily the best. We can beat any quote from these mediation providers as we have lower overheads and no armies of admin assistants and expensive offices in central London.
It is difficult to organise a mediation
No, it should be straightforward to organise. Just get in touch with us and we will arrange the mediator venue or link for the mediation.
It is expensive, some mediators charge a great deal
Yes some mediators so charge a large fee but this is normally because of their experience and effectiveness and commensurate to the issues or amount of money at stake. A good mediator can deal with complex disputes quickly and cut to the chase ultimately saving money. A half day or time limited mediation can be cost effective in comparison with the legal costs of going to Court.
It’s too early to mediate
It’s never really too early to mediate as the longer a dispute goes on the more expensive it becomes. Can you afford not to mediate as soon as possible? Experts and disclosure can be costly and you never recover all of your legal costs even if you succeed.
A mediation can take all day and go on until midnight.
It is true that sometimes a mediation will go on until midnight, but in most cases it finishes during normal business hours and you can have a time limited or guillotined mediation.
It’s stressful meeting the other people
It doesn’t have to be stressful. You are not giving evidence. It is normally less stressful than trial and you don’t have to speak to the other person. The mediator can do this. Many mediations take place remotely these days and so you may not need to physically meet or see the other person.
Conclusion
In short, there are a lot of myths surrounding mediation but not all of them are true. To discuss any aspect of mediation or to arrange a mediation (workplace or civil) please get in touch.