Solutions for Disputes
What is Mediation?
Mediation offers a practical way of exploring new options for settling disputes with the help of a trained Mediator.
Mediation is a sensible option - not a soft option. Because of the positions which people are forced into at the outset and the tensions which inevitably arise in the course of a dispute, the parties to it are often unable to work things out on their own.
Mediation is a flexible way of solving problems free from the rigid rules which govern Court proceedings or Arbitrations. The clients decide for themselves what the solution will be.
Who is it for?
- Anyone who wishes to find a solution to a dispute and at the same time preserve a business or personal relationship.
- Any two or more parties who want to find a quick and sensible solution to their problem rather than face months or years fighting it out.
- Anyone who wishes to avoid the increased hostility and expense which contested Court proceedings would generate.
- Anyone who wants to sort the problem out in private rather than risk the publicity of a hearing in open Court.
Is it confidential?
All discussions are strictly confidential unless someone's life or welfare is at risk. If the dispute goes to Court nothing that is said in an attempt to reach agreement through Mediation can be repeated in Court. Remember, the Mediator cannot be called to Court to give evidence for either party.
How does it work?
The Mediator directs the proceedings and encourages the clients to:
- Define the problem
- Concentrate on the issues that need to be settled
- Reduce conflict
- Consider all possible options for settling the dispute
- Look for positive benefits to be gained from a settlement
- Produce their own proposals for a solution to the problem
What if the other person does not accept that there is a problem?
Go to Court, but remember that Mediation may still be possible at a later stage when all parties acknowledge that there is a problem to be resolved and want help to reach a settlement.
Who will Mediate?
Mediation will be offered by a trained Mediator. In some cases it may be helpful to have a team of two Mediators.
Can the parties to the Mediation have Legal Advice?
Mediation does not replace legal advice. The Mediator's task is to help both clients so, although he can give information, he cannot give advice to either client but, as an experienced professional in his own field, he will draw upon that experience.
Legal and other expert advice may be helpful in assisting clients to understand the strengths and weaknesses of their position.
Is the outcome binding?
At the end of the Mediation, the proposals for settling the problem which the clients will have worked out for themselves, with the help of the Mediator will be set out in a written Memorandum of Settlement which will be subject to the usual rules relating to contracts and may be enforced as such.
Frequently Asked Questions
Will it weaken my case to go to Mediation?
No. Refusal to consider Mediation can result in adverse costs orders being made. i.e. you may end up paying the other party's costs if you refuse unreasonably.
Will the other party use it to find out what I am really thinking?
No. In Civil Mediation cases the Mediator will not disclose information without your express agreement.
Will I have to meet the other party?
You will be encouraged to do so. Mediation is also about solutions for people and relationships, but that does not always happen.
Is it Confidential?
Yes. The Courts recognise the importance of settling diputes rather than going to Court for a Judge to decide
What's in it for me?
A chance to settle the dispute in private - you can agree as a condition of settlement that the terms are kept confidential
For further information please speak to Marc Nye.
Marc Nye Lawyer - Mediator,
Suite 1, Grove House, 8 St Julian's Friar, Shrewsbury, Shropshire, SY1 1XL
Telephone: 01743 270027