Is mediation right for you?
Mediation is a non‐binding, voluntary and “without prejudice” process in which a third party (known as a Mediator) intervenes in a dispute with the intention of bringing the matter to a close in a settlement agreement. A successful mediation will result in a binding agreement being agreed and drawn up by the conflicting parties. If the parties are legally represented, this usually is an exercise for the party’s lawyers.
At any time during the mediation process, either party may choose to terminate the mediation process and continue with or commence the litigation process. In the event that an agreement is not reached between the conflicting parties at the end of the mediation process, Carmel will at least be able to assist the parties in narrowing the key issues at dispute, which can often become blurred, lengthening the entire litigious process.
What are the advantages of mediation?
There are many good reasons to choose mediation, here are five of the the most common to consider.
- Time saving: The majority of people seek to avoid conflict of legal disputes because they are time consuming and financially prohibitive with an uncertain result. Mediation on the other hand is a relatively fast process and provided that a resolution can be found, a dispute is generally mediated within one day. Of course whether or not a dispute can be mediated in one day will depend on the issue(s) and how seriously the parties take the mediation process.
- Cost saving: This is of course the most obvious advantage to choosing mediation. As mediations generally only last one day participating parties save a substantial amount of costs not only in legal costs but in time away from their business and other commitments.
- Improved communication: Conflicted matters can often become personal attacks or alternatively parties’ legal representatives incur substantial costs in reiterating their clients’ position. Participation in mediation face‐to‐face allows a clearer method of communication making it easier to reach a settlement.
- Flexibility: Parties who mediate do so at their own free will and a party can leave the mediation process at any time. The entire process is confidential up to the point of agreeing a mutually agreeable settlement. Also settlement can be agreed on any terms, even agreements of things a Court could not order.
- Tests the Substance of the Conflict: Mediation allows parties to have their dispute heard and to be recognised, which in some cases is equally as important as a financial settlement. Carmel will seek to ensure that each party recognises and understands the other party’s case allowing each of the conflicting parties to assess whether their case is as strong as they first thought and in doing so to assess the litigious risk.
Carmel is qualified to act as your Mediator in any civil or commercial dispute, or workplace dispute.
Carmel’s fee to act as your Mediator is based on a scheduled 8 hour mediation with each party being responsible for paying half of the fee. The amount of fee will vary depending on the complexity of the dispute(s) and the number of conflicting parties to the dispute.
If you are interested in discussing the mediation services that Carmel can offer or to ascertain a fee for mediation of your dispute please complete the enquiry form or alternatively contact Carmel direct for an informal, no obligation consultation.