What Is Mediation
Assisted Negotiation Process
Confidential – Cannot be referred to outside the mediation or in any Court proceedings
Flexible – Takes place at a meeting, on the telephone or online/by email and is more informal than litigation
Voluntary process – The parties have control over the process, rather than having a decision imposed on them by the Court/arbitrator
The objective – To reach a binding settlement agreement between the parties bringing the dispute to an end
Quick – The mediation can be arranged swiftly, as opposed to often interminable and costly litigation
Litigation can sometimes be stayed in order for the mediation to take place, if the parties consent and the Court approves
A qualified neutral third party who is employed to assist in the process
The mediator should abide by the European Code of Conduct for Mediators 2004 and have professional indemnity insurance
The process for high value or complex claims normally involves a meeting between the parties, although it is possible to meet virtually through online mediation. For consumer disputes such as under the ADR Directive, ProMediate has been certified by CTSI (Chartered Trading Standards Institute) to provide telephone or email mediation which is operated through Click2Resolve.
At a mediation meeting the parties normally meet in an opening session where they can explain their position to their opponent face to face.
The mediator then holds private sessions with each party individually in an attempt to narrow the issues and convey any information that he/she is authorised to pass to each party by their opponent.
Assuming that negotiations result in a settlement the mediator can help to express this in a legally binding settlement agreement or Court Order
With telephone and online/email mediation, there is generally no opening session but the mediator spends time with each party establishing what their objectives are before speaking to the other party and conveying authorised information.
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