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Mediation


Courts are actively encouraging alternative ways to resolve any type of dispute, often referred to as Alternative Dispute Resolution (‘ADR’).


Mediation is a form of ADR. Watson Legal actively encourages settlement. There are numerous approaches to achieve an appropriate outcome. It is of course always a matter for you, the client, to make the decision to settle a dispute. Mediation is a key way this can be achieved.


The role of a mediator is to assist in facilitating the parties reach a settlement. A mediator is not there to advise the parties what to do.


There are many advantages to Mediation


Cost - Mediation generally takes less time than the Court process. Court proceedings can take months or even years to resolve. Mediation can achieve a resolution in a matter of hours or within a day. Taking less time means spending less money.


Confidentiality - Mediation remains strictly confidential. Only the parties to the dispute and the mediator(s) know what was discussed. A mediator generally cannot be forced to give evidence in Court as to the content or progress of mediation. Many mediators destroy their notes taken during a mediation once that mediation has finished.


Control - Mediation increases the control the parties have over the resolution. In Court proceedings a resolution is provided by a judge and is limited as to what can be awarded. Whereas Mediation can provide solutions that would not normally be considered, for example an apology. Therefore, mediation is more likely to produce a result that is mutually agreeable to the parties.


Compliance - In view the result is obtained by the parties working together and is mutually agreeable, parties are more likely to comply with the settlement reached.


Mutuality - In most circumstances the fact that parties are willing to attend mediation means that they are more willing to work towards a resolution. A mediator can also assist the parties in helping the parties understand each other’s positions. Through Mediation the parties are more likely to preserve their business relationship. This can be a key benefit.


Support - Mediators are trained to work in difficult situations. The mediator acts as a facilitator to guide the parties through the process. They can use reality testing so the parties appreciate what potential outcome would come out of the Court process, if they won or lost. The mediator helps the parties think "outside of the box" broadening the range of possible solutions.


For more information please do not hesitate to contact us either by telephone on 01279 466910 or email mediation@watson-legal.com