Mediation offers many benefits over and above going to court and in some cases can be a required path before litigation takes place. Mediation has been shown to be effective in settling disputes in a speedy and confidential manner. A dispute that might have stretched over months can be settled in a day or two of skilled mediation. People can rebuild their relationships or move on with their lives. The following are some of the prime benefits of going through mediation 1. Mediation is much less costly than going to court. Generally speaking mediators charge per the hour and an average session will take one to two days to complete. 2. Mediation is far quicker than going to court meaning that if you're self-employed, your time away from work is reduced, again saving you money. Court cases can take months and sometimes years to come to conclusion. 3. Mediation as a process is held in privacy whereas court proceedings can be the subject of media attention. 4. Mediation allows both parties to express their opinions themselves, rather than having to go through their lawyer. This provided a sense of empowerment. 5. Both parties work together to agree a successful outcome. This collaboration may provide benefits further down the line for both parties. 6. A mediator is usually selected by both parties, who can check the mediators background and experience. If going to court, you have no choice in the judge who ultimately will decide the outcome of litigation. 7.
Mediation is an excellent form of dispute resolution and can be used in almost every conflict situation but in what scenarios is the mediation process right to use? Trying to reach an agreement when there are lots of issues and emotions can be difficult. Using a skilled mediator such as Jacky Lewis puts a dispute into a formal process where each issue can be resolved and emotions controlled. You may have a solicitor guiding you through your dispute and they will inform you when it is suitable to use a mediator but if you haven't got a solicitor, then consider the following points to help you make the decision to use Jacky Lewis as your mediator. When is mediation suitable? Emotions between both parties are so intense that they are preventing a settlement outside of the mediation process The quantity and/or quality of communication between both parties is poor that it requires someone to handle negotiations in a skilled way Unfounded perceptions of either party are hindering exchanges Behaviour that is negative puts up barriers to resolution Arguments over information prevent data from being collected and evaluated Lots of issues distract the decision making process and the order in which these issues should be tackled There is a perception that each parties interests are incompatible There is currently no process for negotiations and things have stalled. http://www.mediate.com/articles/young18.cfm
The mediator will open the mediation either by meeting the parties (and their legal representation) in a plenary (joint) session or in private sessions if tensions are running high, giving each party the opportunity to talk about their perspective on the dispute. The mediator may then hold a further series of confidential meetings with each side to see how the dispute can be moved on. Any progress and agreement that is reached can be set out in a mediation heads of agreement for the parties to sign.
Mediators are highly trained and accredited in conflict resolution. They are excellent listeners and are non-judgmental. Their role is to help the parties come to their own solution; one that all the parties can live with.
Mediation is used in the corporate world, in employment, financial and partner disputes, divorce, children and/or money disputes, in workplace conflict and neighbourhood disputes, in education, health authorities, insurance institutions, local government, medical negligence and personal injury cases and more.
Mediation or Alternative Dispute Resolution (ADR) is a creative way of resolving entrenched conflict without going to court. It is an informal, non-adversarial, without prejudice procedure.