Mediation
CEDR's definition of mediation
"Mediation is a flexible process conducted confidentially in which a neutral person actively assists parties in working towards a negotiated agreement of a dispute or difference, with the parties in ultimate control of the decision to settle and the terms of resolution." - Mediation is voluntary, but refusal to mediate can give rise to cost sanctions.
- Courts actively encourage parties to consider mediation.
- Mediation is confidential and 'without prejudice' (nothing said in the mediation is admissible as evidence in legal proceedings).
- Any settlement reached is binding once put into writing and signed by the parties.
Mediation has a number of advantages over litigation processes:
- Successful - over 70 per cent of cases referred to CEDR Solve settle.
- Quick - most mediations are arranged within a few weeks (and can be arranged even more quickly) and the formal mediation session usually lasts for one or two days only.
- Cost effective - compared with litigation processes, mediation is a less expensive route to resolving disputes.
- Gives parties control over the process and the outcome.
- Mediation can run alongside litigation or you may prefer to put the litigation process 'on hold' while you mediate.
- Mediation can maintain business relationships far more effectively than litigation.
- A wide variety of settlement options can be achieved in mediation over and above monetary settlements.
- Informal and flexible - the process to suit our clients' needs.
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