Mediation

Mediation is a voluntary non-binding “without prejudice” method of resolving disputes. In short, each party to a dispute sits down with a trained mediator to discuss the issues with a view to achieving an agreed settlement.

Mediation should be considered in the following situations:

· Where negotiations have failed (perhaps with both parties becoming too entrenched) with the result that neither party wants to make the first move as it might make their position look weak, especially if they are already litigating.

· Disputes can often be the result of poor communication, breakdown in trust or a polarisation of views. If the parties end up litigating then this is likely to damage the relationship irretrievably. Mediation can resolve any misunderstandings, improve communication and hopefully preserve any important on-going business relationship.

· A successful day’s mediation is a fraction of the cost of months of litigation between the parties.

· A successful mediated solution usually means that the parties themselves have been responsible for controlling the outcome rather than having it imposed by a Court. This enhances the sense of a win-win solution for both parties.

Mediated employment related disputes can be particularly successful where the parties are keen to preserve the employment relationship and minimise any disruption in the workplace, or in circumstances where proceedings have been issued and in which there are subsidiary issues to be resolved other than just a claim for compensation.