Mediation is a process whereby the parties agree to appoint a neutral third party, the mediator, to assist them in reaching a negotiated solution. It is a confidential process which allows the participants to discuss matters freely.
Mediation can be arranged at a venue or online (in which case it is referred to as remote mediation or virtual mediation). Each party will be placed in their own room (whether physical or virtual) and have an opportunity to speak with the mediator. The mediator will then shuttle between the different rooms, attempting to bring the parties closer together to reach a resolution. A mediation would normally last one day.
The parties in dispute do not need to meet each other unless they wish to do so and both sides agree. Sometimes a “lawyers only” meeting may be held to discuss legal issues and to help negotiations progress.
Mediation is particularly useful in disputes involving family, such as contentious probate claims, which are often very sensitive and emotional. Mediation allows the parties to explain to a neutral party how the dispute has made them feel.
Disputes can be resolved through mediation in a much more efficient and cost-effective way than through the courts. Litigation in court can take many months and more often, years, to resolve matters. Mediation can be arranged as soon as the parties have presented their respective cases. Mediation is also a much less stressful process than attendance at court.
We can assist you in the mediation process or enter into negotiations on your behalf. If you would like to discuss this further in relation to a claim you may have or are defending, please do not hesitate to contact us.