I’m often asked what the mediation process involves and why it is a good way of avoiding court action.
If you’re considering mediation but you’re a bit unsure about the process, this article may offer you some reassurance.
Mediation is one of the best ways of resolving disputes because the parties can have a say as to how the mediation takes place.
As specialist mediators, we do our best to consider your needs and wishes. For example, some people, understandably, feel uncomfortable meeting the other party involved. In those circumstances, we can facilitate mediations by keeping people separate whether that be at a venue or via an online platform such as Zoom.
A mediator organises the mediation and tries to consider the background and circumstances of all individuals, this takes away the hassle from you. Once we understand the nature and value of the dispute, we reach out to both sides involved to arrange a mutually convenient date for the mediation. An effective mediation is likely to last between 2 – 5 hours.
Before the mediation, we will seek to gain an understanding of both sides’ positions. We prepare carefully whilst considering ways forward.
On the day of the mediation, we ensure that you feel as comfortable as possible. We may propose a plan for the day so that you know what to expect from us. We make sure that you get the opportunity to speak about your side of the story and we listen.
During the mediation, we may propose a way forward that the parties hadn’t considered. A mediator will use their experience to gently help the parties reach a resolution. Mediators are very used to going back and forth between the parties, providing guidance, and helping the sides find a solution. All our mediators are very experienced at dealing with disputes and it is likely that they have come across similar issues before. If the mediation is successful, a settlement or plan will be achieved, and the dispute will be resolved.
Whilst most of what is said during a mediation is ‘off record,’ if a settlement is achieved, this is likely to be a binding agreement which will give the sides some certainty moving forwards.
The mediation process is more effective than taking court action which can be incredibly expensive and time consuming. At the end of a civil court case, a judge will decide the outcome which will be out of your control. Quite often the value of the dispute can be the same as the cost of the litigation process, rending the process futile.
The mediation process is certainly less stressful than trying to deal directly with the person involved too which can be unpredictable and frustrating when you’re not on the same page.
If you have any further questions or would like to discuss the mediation process in more detail, please email us at enquire@miersmediations.co.uk