What is mediation?
How mediation works

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For more information about meditation, please contact Di Sinclair at diane.sinclair@wanadoo.fr

What is mediation?

Mediation is a process in which two disputing parties have been unable to settle their differences and appoint a neutral third party (the mediator) to help them reach an acceptable solution. Mediation is a positive process. The parties are collaborating not fighting. The mediator also wants to succeed - successful mediations mean satisfied clients.

Read through the information in this section to get a brief overview of the mediation process.
For further information, please contact Di Sinclair at diane.sinclair@wanadoo.fr

Why mediate?

Mediation is an alternative to litigation (going to court) or to formal arbitration both of which are confrontational, expensive and result in an imposed solution which you may not feel is just. Both are WIN/LOSE situations whereas the aim of mediation is to achieve a WIN/WIN situation where the parties reach their own agreement and both are satisfied with the outcome.

The advantages of mediation

It is cheaper, quicker and a more amicable way of reaching a settlement. If an agreement cannot be reached only a small amount of time and cost have been lost and you are still free to go to court or to arbitration. Neither will be affected by a previous attempt to mediate.

Mediation works! Over 90% of disputes where the parties agree to mediate are successfully settled.

Suitable cases include

Those where:

• The parties have a personal or a business relationship which they want to continue, eg business partners, employer and employee, professional adviser and client etc.
• Legal advice suggests that the balance of responsibilities is unclear.
• A major project or order is being held up by the dispute and is costing everyone money.
• Where the amount of cash involved is less than it would cost to go to court.
• The parties want to avoid publicity or loss of face.
• A speedy settlement is needed.
• The parties want to have some control over the negotiation.
• Both parties genuinely want a settlement but cannot get there without help.

Cases which are NOT suitable include

Those where:

• An issue of principle is involved for which a binding solution is needed, or legal points are at issue.
• One of the parties does not have capacity (eg is a minor) or where one party is at a disadvantage compared to the other.
• Immediate enforcement of a court order is necessary.
• Where it is obvious that there is no real will to resolve the dispute ( through delaying tactics or an inability to agree on the appointment of a mediator).

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How does it work?


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