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The Benefits 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 in court proceedings.
- Courts actively encourage parties to consider mediation.
- Parties can mediate at any stage before or during proceedings.
- Mediation is confidential and 'without prejudice' (nothing said in the mediation is admissible as evidence in legal proceedings).
- Any settlement reached is legally binding once put into writing and signed by the parties.
Mediation has a number of advantages over litigation and arbitration processes:
- Successful - over 70 per cent of cases referred to CEDR 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 and arbitration 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 arbitration or you may prefer to put the litigation or arbitration process 'on hold' while you mediate.
- Mediation can maintain business relationships far more effectively than adversarial processes.
- A wide variety of settlement options can be achieved in mediation over and above monetary settlements.
- Informal and flexible - the process to suit clients' needs.
CEDR offers parties a number of options of how to appoint a mediator.
These range from being able to choose the mediator you want, to asking for recommendations or asking CEDR to appoint on your behalf. Whichever way you choose, you have free access to our Case Management service which includes:
- Arranging a venue for the mediation.
- Preparation of Mediation Agreement.
- Coordinating the mediation logistics.
Listen to BBC Radio 4 discuss the use of mediation