Mediation

What is mediation?

Mediation is the most popular form of alternative dispute resolution and is a way of attempting to resolve disputes outside the normal channels of court proceedings or arbitration.

Mediation is a voluntary process whereby the parties to the dispute appoint a third party, neutral mediator who assists them in attempting to resolve the issues and reach an amicable solution.

What are the benefits?

• Mediation is quicker and cheaper than formal proceedings.
• Mediation is confidential and conducted on a “without prejudice” basis so that nothing said or admitted in the mediation can be used as evidence in any formal proceedings. 
• The parties stay in control of the process. 
• Mediation is successful in resolving disputes between the parties in the majority of cases.

How does mediation work?

• The parties agree to refer their dispute to mediation and appoint an independent mediator.
• The parties exchange a summary of their positions on the dispute and file those with the mediator.
• A date is set for the parties to meet with the mediator who then normally holds an initial joint meeting with the parties and then private meetings with each of the parties.
• The mediator does not act as a judge. He will not decide the issues but will facilitate negotiation between the parties.
• If the dispute is resolved at the mediation then the parties or their advisers record the settlement in writing which is then a binding contractual document.

For further details and advice please contact:

Mark Whittell

Tel: 0845 165 5252

mark.whittell@cobbetts.com

Nicholas Carr

Tel: 0845 404 1520

nicholas.carr@cobbetts.com

Keith Mills

Tel: 0845 404 2426

keith.mills@cobbetts.com

The content of this briefing note is merely informative and should not be relied upon as a substitute for legal advice.

Copyright 2007 - All Rights Reserved - March 2007