Our Mediation FAQs document provides more detail on the most commonly asked questions, but it may be helpful to read these summaries now.
What is mediation?
A calm, confidential forum in which neutral, independent mediators assist parties to negotiate a settlement which meets the interests of each party. Mediation is an informal, voluntary process; it is flexible and provides a chance for parties to consider the future in addition to past events and present circumstances; it is an opportunity for discussions on a without prejudice and confidential basis, which can lead to more creative solutions than the remedies available in litigation. Finally it is not binding until a settlement has been written down and signed.
Who are mediators and what is their role?
We usually provide two mediators who are also experienced business or professional people. Each has formal mediation training and takes part in our Continuous Professional Development program, which requires them to attend a minimum of 17.5 hours a year of practice development. They are neutral, have no vested interest in the outcome and will not impose a settlement or pass judgment. They are interested only in helping the parties reach a mutually acceptable solution. The mediator's skill is to get each side to communicate, to identify and acknowledge each other's needs and interests, to clarify the problem and identify the path toward resolution and formulate an agreement.
Why should I consider using mediation?
Parties often lose control of a dispute once litigation starts, and this can easily become a long drawn out process, sometimes with considerable time and cost implications. Parties can feel that the final decision is made either by their lawyers in a last minute deal or by the courts - so the outcome is uncertain and often unsatisfactory. Mediation gives parties total control over the way they resolve their dispute. It may reassure you to know that over 75 per cent of mediations reach an agreed resolution and 100% of our clients have said that they would use mediation again and recommend it to others.
How can I make an informed decision?
To decide for yourself whether or not mediation may be a suitable alternative, the document Mediation Why it works will give you some more ideas on how it can work when negotiations have broken down.
If you have a more specific question, please let us know either using jeremy@catalystmediation.co.uk or by phone on 0844 800 0206.