If you have ever thought there has to
be a better way to settle a dispute than by spending thousands
of pounds on legal fees, months of recrimination, anguish and
frustration, and days in court, then just maybe mediation could
be what you are looking for.
Telephone 07624 427527 Email info@manxpcms.com
What is mediation?
Quite simply its a way of resolving
disputes without the need to go to court. Sounds
fantastic and very simple and in essence it is. If both parties
in a dispute agree then a trained mediator, who is an impartial
third party, guides the parties to a settlement on which they
both agree. The mediator does not impose a decision or attempt
to judge the merits of the case.
The difficult bit about mediation is
actually getting both parties to agree that mediation is a good
idea in the first place. Most disputes become very personal and
our legal system is geared to a combative approach - finding
fault, picking holes, showing blame or error. People are not
inclined to settle. They want their day in court. They want to
show the other party that they were in the wrong. These are all
very natural thoughts, but they don't really help. Mediation
looks at the common ground, the positive aspects and finds the
best resolution for both parties.
Telephone 07624
427527
How
does it work?
Mediation requires the consent of all
the parties concerned, but if one or more have not indicated
willingness, it is possible to approach a mediation
organisation Such as P.C.M.S or individual mediator to
help to negotiate that initial agreement. Once the concept has
been accepted, there remains the question of the choice of
mediator, but this is generally best left to the mediation
organisation to recommend a trained mediator with the relevant
experience.
At an agreed time and venue the
mediator listens, allows the parties to express their feelings,
explores underlying issues, challenging and encouraging where
necessary. The mediator spends time with each party, both in
joint session and in private meetings (sometimes called
'caucus') helping each party to focus on their interests, and
the interests of the other parties, rather than their rights.
The mediator will explore the early part of the relationship,
drawing out what it was that caused them to work together
initially, and what caused the breakdown in trust or confidence
between the parties. The mediator will help the parties to
examine areas of possible agreement as well as disagreement.
The mediator will also help each party to examine their own
resolve, testing out their belief in the true strength of their
own case and their resolve to fight rather than settle. Some of
this process can be difficult if not painful for some parties:
for this reason, the mediator will never test parties or try to
expose weaknesses in a case in joint session, only ever in
private.
Telephone 07624
427527
All the discussions are completely
confidential - the mediator will not repeat or imply to another
party anything that one party has said unless or until the
mediator has been given express permission to do so. This
confidentiality allows the parties to trust the mediator so
they can discuss openly all aspects of their case. Eventually,
by spending time "shuttling" between the parties, the mediator
can help the parties to understand their own and each other's
positions in a way quite different to that of the traditional
adversarial case and, hopefully, reach an agreement.
If no agreement is reached the parties
are not in any way bound by what has been discussed. The
agreement becomes binding once it has been drawn up and signed
by the parties: if the agreement is not honoured it may be
enforced contractually or preferably by a further mediation.
Most agreements are honoured though, precisely because the
parties have worked hard to achieve a settlement, and upon
terms that were always within their control, unlike an imposed
court decision.
Telephone 07624
427527
Why
mediate?
There are plenty of very good reasons, such
as
- The outcome of mediation is always
within the control of the parties - with the help of the
mediator they decide for themselves upon a settlement they
can live with.
- Parties in mediation avoid the
uncertainty and dissatisfaction often experienced in court
or at arbitration where they have little choice but to
accept the judgment made, which none of them may be happy
with.
- Mediation resolves disputes fast,
usually within a day.
- Mediation is significantly less
expensive than litigation - because months or years of
litigation are avoided, as are the consequent fees of
lawyers and experts. Parties may of course have legal or
other advisors present during the mediation if they
wish.
- Everything said at the mediation
is entirely confidential to the parties (unless
specifically agreed otherwise) - unlike the potential
publicity of court proceedings.
- The mediation process is 'without
prejudice', so that on the rare occasion that a settlement
is not reached litigation may continue without the parties
needing to worry about having 'given away' anything that
the other could use in court.
- Mediation works in some 90% of
commercial disputes - a settlement is usually reached on
the day, or within a few days of the mediation
meeting.
- Mediation is voluntary; any party
may withdraw at any time.
- Nothing is binding upon any party
until an agreed settlement is reached. Once a settlement
has been drawn up and signed it becomes an enforceable
contract between the parties.
- The Mediation is arranged at a
venue convenient to the parties, who each have their own
room as well as a separate room for joint meetings. The
Mediator listens to everyone's point of view, talks to the
parties privately and together, guiding them towards a
settlement.
- The Mediation can take place at
any time - it is not limited to ordinary working days or
hours. If it suits the parties to negotiate over a weekend,
then that's when it happens.
Telephone 07624 427527 Email info@manxpcms.com
|