Mediation

What is mediation?

Mediation is a flexible and confidential process used to settle a dispute between two or more people, businesses or other organisations.

It involves appointing a mediator, who is an independent and impartial third person, to help the parties talk through the issues, negotiate, and come to a mutually agreeable solution.

You can mediate before taking legal action or while legal action is ongoing.

What kind of disputes are suitable for mediation?

Mediation can be used to resolve almost all types of civil dispute, including

  • professional negligence

  • breach of contract

  • wills and probate disputes

  • trust disputes

  • land or property disputes

  • and many more...

What are the benefits of mediation?

Mediation allows you stay in control. Unlike in court, where a judge makes the decisions, in mediation you are able to decide how you want to resolve the dispute and don’t have to accept an outcome you are not happy with.

Mediation is usually much quicker and much less expensive than going to court, so it can be a more efficient way of resolving disagreements that allows everyone to move on from the problem sooner.

Mediation provides a safe and supportive environment. The mediator will listen to all views, talking to you privately, and sometimes together with the other party, to help guide you through the process.

Mediation is confidential. Where disputes are resolved through the court, is potentially a very public process. However, when disputes are settled out of court through mediation, it is private between you and the other party.

Mediation can help preserve your relationships. Settling a dispute through an adversarial court battle can put added pressure on the relationship between both parties. However, mediation helps you focus on communicating effectively with each other to find solutions that work for all.

When is the best time to mediate? 

Mediation can take place at any time before your case reaches a hearing or trial at court, and the best time will often depend on your individual case.

In general, it is best to try mediation as soon as you can. This will help reduce the amount of time and money spent on the dispute and open a dialogue with the other party before they become too fixed in their position.

If you have already started a court claim and wish to mediate, the court can pause your case to enable you to do so. The judge will not be told what is discussed or offered at mediation.

Further information on mediation can be found at https://www.gov.uk/guidance/a-guide-to-civil-mediation#what-is-mediation

What is mediation?

Mediation is a process in which an impartial third party, known as a mediator, helps parties involved in a dispute to reach a mutually acceptable resolution. The mediator does not have the authority to impose a solution, but rather facilitates communication and negotiation between the parties to help them find a resolution that is satisfactory to all involved. 

Mediation can be used to resolve a wide range of disputes, including disputes related to contracts, employment, family law, and personal injury. The process is typically voluntary, and the parties involved must be willing to participate in order for mediation to be successful. 

When should mediation be considered?

Mediation can be considered as an option for resolving disputes in a variety of circumstances. Some common situations in which mediation may be appropriate include: 

  • When the parties want to maintain a working relationship: Mediation can be a good option for parties who want to preserve their relationship, as it allows them to work together to find a mutually acceptable resolution rather than having a decision imposed upon them by a third party. 

  • When the parties want to keep the matter private: Mediation is often conducted confidentially, which can be beneficial for parties who want to keep the matter private. 

  • When the parties want to avoid the costs and time involved in other forms of dispute resolution: Mediation is typically less expensive and quicker than other forms of dispute resolution, such as arbitration or litigation. 

  • When the parties want to have control over the resolution of the dispute: Mediation allows the parties to have a greater say in the outcome of the dispute, as they are able to work together to find a solution that is satisfactory to all involved. 

  • When the dispute involves complex or specialized issues: Mediation can be a good option when the dispute involves complex or specialized issues, as the parties can appoint a mediator who has specific knowledge and experience related to the matter in question. 

Overall, mediation can be a good option for parties who want to resolve their dispute in a quick, cost-effective, and flexible manner, particularly when they want to maintain a working relationship or preserve confidentiality. 

What is mediation used for?

Mediation is a process in which an impartial third party, known as a mediator, helps parties involved in a dispute to reach a mutually acceptable resolution. Mediation can be used to resolve a wide range of disputes, including disputes related to:

  • Commercial disputes: Mediation can be used to resolve disputes between businesses, such as disputes over the terms of a contract or the quality of goods or services provided.  

  • Contracts: Mediation can be used to resolve disputes related to the terms of a contract, such as disputes over payment or performance. 

  • Employment: Mediation can be used to resolve disputes between employers and employees, such as disputes over wages, working conditions, or discrimination. 

  • Family law: Mediation can be used to resolve disputes related to family law matters, such as divorce, child custody, and support. 

  • Personal injury: Mediation can be used to resolve disputes related to personal injury claims, such as disputes over the amount of damages to be paid. 

Overall, mediation can be used to resolve a wide range of disputes in a quick, cost-effective, and flexible manner, particularly when the parties want to maintain a working relationship or preserve confidentiality. 

Contact us

Find out more about how Matrix Forensic can help with mediation by sending us an enquiry.

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