Mediation is a useful way of settling any disputes and differences with the assistance of a trained and impartial third person. The third person is called a mediator and offers expert knowledge from a neutral perspective.
What is mediation?
A mediator will be able to provide you and other parties involved with an explanation of what the law says about particular matters and can present options available to everyone involved. However, they will not take sides or show bias to one particular person or group. It’s also important to note that a mediator cannot impose a solution or show any particular interest in the outcome of the dispute as they have to stay neutral throughout.
What will a mediator do?
As well as providing legal information and presenting options available to each party, a mediator will help you to listen to each other, discuss the issues and encourage you to negotiate a settlement. It’s important to note that a mediator cannot impose a solution or show any particular interest in the outcome of the dispute. It will be entirely up to the parties involved to decide whether you will enter into a mutually agreed settlement agreement.
Mediation is only an option if both parties agree. One party cannot, and should not try to, force the other to enter into a mediation process. If mediation is not an option, you will have to try to settle the dispute without third party involvement or go to court.
A settlement or resolution is not always guaranteed with mediation. However, if you are able to reach an agreement this may be a full or partial settlement. If mediation is unsuccessful, the parties may choose to go to court. If a full resolution is reached, a settlement agreement will need to be drawn up.
What is mediation used for?
Mediation can be used to try and settle a wide variety of issues, disputes and disagreements. Some of these may include issues around separations, children, money and property. It could also be used to resolve disagreements surrounding workplace issues and relationships.
If you believe that mediation is the best solution for a current dispute or disagreement you are facing, then we can help. We can help ensure that all parties involved are prepared for the process and understand what is involved.
Ian is a Solicitor and former partner in the firm and has recently retired from full time legal practice after more than 40 years experience of civil litigation and dispute resolution. His experience covers all aspects of civil litigation, but with a particular interest in property disputes, both commercial and residential, and Trust of Land Act claims, as well as contested wills and estates, including Inheritance Act claims. He is an accredited mediator having trained with the London School of Mediation in 2012 and is available for mediations.