Why Mediate

Mediation is Voluntary, non-binding and private

Mediation is a voluntary, non-binding private dispute resolution process where parties are encouraged to work cooperatively and constructively together in the problem solving process. Mediation helps you to resolve disputes whilst aiding in reducing any future acrimony by identifying and resolving the key issues with the full participation and agreement of all those involved.

Mediation is offered and promoted by the judiciary as an alternative to using litigation; the generally well recognised and traditionally accepted Court process for resolving disputes. Litigation is generally a time consuming, difficult and expensive process. The results of which frequently leave disharmony and a breakdown in relationships.

Neutral & independent mediators

Dispute Mediation Consultancy are able to provide a neutral mediator who can facilitate, through negotiation in a non-judgemental way. It must always be remembered however, that settlement is only achieved with the consent of yourself and the other party in dispute. You retain control of the mediation process as you fully participate in drawing up any settlement agreement.

Mediation v Litigation

Mediation                    

Litigation

  1. Time - usually settled within 1 day
  2. Cost - from £450 per party
  3. Always win something
  4. Parties retain control
  5. Reduces or clarifies issues
  6. Flexibility of solutions
  1. Extensive cost in time over many months perhaps years
  2. Potential of high uncontrolled costs
  3. Loss of control - Judge has final say
  4. High risk
  5. High stress
  6. Constrained solutions

Innovation in mediation

If you are contemplating using mediation as a dispute resolution procedure you should be aware that unlike Court proceedings, mediation is not about winning or losing; it is about exploring possible solutions within the spirit of cooperation, understanding and mutual respect. With the help of a good mediator successful settlements can be achieved through innovative ideas which are not constrained by legal process or indeed likely to be available in any Courtroom. It is important that the settlement agreement should result in a win/win solution for both parties; the DMC mediator can help you to achieve this.

Mediation is not possible without the full cooperation of the parties involved, and will cease should either one of you walk out, which you are able to do at any time. However, by taking an active and positive approach to the mediation process parties will find that they are readily able to achieve the benefits as identified by leading Justices of the Court of Appeal.

Recommended

Do not forget that Mediation comes highly recommended and encouraged by the judiciary in being able to satisfy these objectives.

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Ignore Mediation at your cost

By unreasonably rejecting mediation without due consideration and valid argument can place you liable to an adverse cost order. Additionally even successful parties at litigation may not fully recover costs if they are found by the Court to have ignored mediation.

Justice Lightman support

"Litigation is a high risk gamble - and the risks and burden of costs today are so substantial that for any well advised (person) litigation must be the course of last resort if any reasonable alternative is available".

Dispute Mediation

Mediation is a practical yet sophisticated process designed to address the real issues and obstacles behind conflict in reaching a commercially viable solution.

Why mediate?   >

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