Your solution is our priority
Mediation is an Alternative Dispute Resolution method:
“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.” (Centre for Effective Dispute Resolution)
Mediation is an alternative to court proceedings and offers a binding, agreed settlement facilitated by an independent mediator.
The law courts Civil Procedure Rules direct that parties should consider mediation before starting court proceedings, since it might enable them to settle their dispute without the need for litigation.
Key features of mediation include:
Impartiality – the mediator is completely neutral throughout…acting only as a facilitator.
Non-judgemental – the mediator will not impose a solution…the parties come to an agreed solution.
Control regarding where the mediation takes place – there is no need for a formal courtroom.
Choice of mediator – the parties can decide who to work with in order to arrive at a solution.
Flexible and informal procedures – which includes timeframes…most agreements can be reached the same day.
Privacy and confidentiality - even where, on rare occasions, an agreement is unable to be reached, all discussions are “without prejudice”…meaning that they can’t be used in subsequent proceedings if the matter ends up going to court.
There are a number of benefits in choosing to mediate:
Cost – mediation is significantly less costly than going to court, which can cost many thousands of pounds
Speed – mediation appointments can be arranged within days, and the majority settle within a day
Flexibility – parties are free to make their own decisions, therefore people can make agreements that a court may not be able to grant
Ownership – people are far more likely to adhere to agreements made by themselves, rather than those imposed upon them
Confidentiality – mediation sessions are conducted in strict privacy, and all parties, including the mediator and legal representatives, are bound by confidentiality
Enforcement – if parties agree, the settlement can be written as a contract and thereby enforceable by law if breached
Closure – parties achieve closure, minimising further disputes and preserving or enhancing relationships
The exact approach for each mediation depends on the issue at hand, however objectives and methods used are often very similar.
The mediator will work with you exploring the dispute impartially, usually in a neutral, informal environment, to understand the issues and find ways on how they might be overcome.
A settlement will not be imposed, each of you will have the opportunity to suggest and agree how the problem might be solved.
Things discussed during private sessions with you will not be disclosed to the other party without your express permission. Remember, this is a voluntary process and you are always in control
When a resolution is reached – and in the majority of cases this is usually achieved on the day – the mediator will work with you to produce a written and binding agreement. If a resolution is not achieved on the day, your mediator will identify points of agreement and difference that can be used by you moving forward. You do not have to settle on the day, and often the work done sets the foundation for a future agreement that does not require litigation.
If you decide to work with Canta Mediation, you will be provided with detailed guidance on the process for your particular case, including the preparation prior to, and during, the day of mediation.
Your mediator's role is to facilitate every aspect of the day and lead you to a successful outcome.
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