What is Mediation?
Mediation is one of the Alternative Dispute Resolutions (ADR) to Litigation. The parties are more in control, when using ADR such as mediation, as they appoint their chosen neutral mediator to guide them to communicate and explore the issues important to them, to achieve a settlement.
The voluntary choice of participating in mediation, whether ADR or another form, and the parties choosing their mediator makes the process more relaxed. In contrast to the allocation of a judge in litigation hearing the arguments from counsel. Mediation is recognised as being one of the fastest and most effective resolution processes.
The mediation process encourages ways to address the issues concerned, to move forward rather than focusing on which party is right or wrong in the past. Between 75% to 85% of Mediations generally settle in one day, with more complex issues and multiple parties the process can be stretched across two days. This is still more efficient than litigation. The process is beneficial to all parties as it aims to achieve a satisfactory outcome for all parties involved.
Mediation is increasingly used to rebuild and strengthen relationships in a wide range of disputes within civil, commercial, employment, workplace, family and neighbourhood sectors.It is becoming increasingly utilised by individuals and companies, as the process is completely confidential, which is hugely beneficial as ADR and other forms of conciliation do not open the doors to publicity. Information that is passed on to the mediator is never passed to the other party without their expressed permission. Further any information discussed during the mediation will not be discussed outside the realms of the mediation or any other persons, unless full consent is given by all the parties concerned.
Mediation is without Prejudice.
Therefore, any information discussed, seen or offered within the mediation cannot be disclosed in the rare occasion that the mediation does not settle and the issue proceeds to court or tribunal. Mediation is non judgemental, during the mediation a mediator’s role is not to pass judgement or give opinions or advise on the parties positions and points of law. SMG Mediation’s role is to guide the parties to a mutual agreeable solution, that will lead to settlement. Mediation is non-binding, there is no resolution within mediation until the parties concerned agree to their own settlement. Once the parties are in agreement, it is non-binding up until the agreement is written and signed by the parties. At this point the agreement enters into a legally binding contract.