About Mediation
What is mediation?
Mediation is a completely voluntary process in which parties involved in a dispute attempt to reach a settlement out of court. The process is entirely confidential and without prejudice. This means that if the dispute is not settled and has to be dealt with by the courts, then anything that has been said during the mediation cannot be mentioned in court. Mediation gives those involved the opportunity to voice their opinions and enter into negotiations in a safe, confidential environment in order to achieve a satisfactory outcome for all involved.
The mediator is completely neutral, and strives to find common ground between both parties in order to gain a resolution. Mediation can be used to settle all sorts of disputes, including business, contract, personal and neighbour disputes.
Mediation is an option which is much more favourable (and significantly cheaper) than a lengthy court case, over which clients have less control and stand to lose a lot more. The majority of mediations result in settlement – which is why it can be an invaluable resource for businesses and individuals alike. For the best possible results, employing an experienced mediator is essential.
"Widely recognised as an experienced commercial litigation Solicitor, I am also well versed in resolving commercial disputes via mediation."
"Mediation avoids the expense and uncertainty of resolving your dispute in the court. The majority of mediations result in settlement..."
"Since qualifying as a Solicitor in 1986, I have played a leading role in representing clients in a number of high profile legal cases."
Why does it work?
There are many theories about why mediation is the best way to resolve a dispute. Below I have listed my ‘Top 3’ reasons:
It is a safe and informal environment in which parties can have the confidence to say what they think. Because mediations are confidential and without prejudice, the parties can make concessions for the sake of moving discussions along without having to worry that what they have said will come back to haunt them later on in court. Those concessions tend to oil the wheels of the discussions and then to lead to an agreed settlement.
Having everyone in the same place for a half a day or a full day (depending on the case), all fully concentrating on seeing an end to the dispute is very useful. It is preferable to long running ‘to and fro’ offers and counter offers in correspondence. Mediation is a process in which everyone rolls up their sleeves at the same time and in the same place. In nearly all cases this get the job done – and quickly.
Seeing your opponent (sometimes for the first time since the dispute arose) and being able to hear his or her thoughts on the dispute along with their desires for settlement can be quite a powerful way of making progress. With the help of a mediator, both parties can engage in a frank and productive dialogue that is simply not possible within the confines of the court system or in correspondence between lawyers.
Contact me for further information and to arrange a mediation
Telephone: 0161 834 2200 | Email: dharris@davidharrismediation.com