Mediation can take several different forms. In its simplest form it can involve arranging a meeting for the parties to sit around the table with their legal advisors to air the issues in a dispute with a view to narrowing those issues and getting to the heart of the dispute to see if with the assistance of the parties the dispute can be resolved.
There can be a formal Mediation where a trained, independent and impartial Mediator will meet each of the parties individually. He will have read any papers in advance provided by the parties and know what the dispute is about. The parties may sit in different rooms, to avoid direct confrontation and shuttle between the parties to discuss and narrow the issues until such time as agreement is reached about how the parties would wish the dispute to be resolved.
In the alternative the Mediator and parties can remain in the same room and the discussion take place.
Each form of Mediation is confidential. What is said within the terms of a Mediation Meeting cannot later be relied upon by a party if some advantage has been conceded by the other party which was conceded only with a view to facilitating the Mediation Process. All conversations are said to be Without Prejudice to the parties’ formal legal positions.
The Mediator will not tell the parties what to do. Any agreement that is reached is determined solely by the parties.
If agreement is reached then that is recorded in writing to which both parties will add their signature to validate their consent to the terms reached. Only at this point will the agreement become binding upon the parties.
If agreement cannot be reached then the parties are at liberty to commence legal proceedings if they so wish.
Such is the emphasis given by the court upon reducing the costs associated with litigation that failure to seriously consider Mediation at an early point in any dispute may result in the court making costs orders against a party if the court takes the view that the claim could have been resolved earlier if Mediation had been taken up.
Mediation is voluntary and you cannot be forced to submit to Mediation. However the incentives to submit to Mediation include a high resolution rate and a considerable reduction in legal costs being incurred to both parties if Mediation is successful.
Whatever is the nature of the contractual dispute we at The Sethi Partnership enjoy a reputation for being tough but approachable. We will look at your matter in its entirety to advice you upon an action plan to progress matters quickly including alternative dispute resolution to avoid where possible expensive court proceedings
Please contact Gurpreet Reehal on 020 8866 6464 or email email@example.com who shall be pleased to discuss your matter with you.
Ritu Sethi is accredited under the Alternative Dispute Resolution Scheme to mediate any Civil and Commercial Disputes. We have a fully qualified Mediator who will listen to both parties independently and help clients to find a solution to their otherwise costly disputes.
Mediation is a Voluntary, non-binding and without prejudice process in which a specially trained third party intervenes and attempts to bring the parties together into a settlement agreement. This is the way forward for all disputes before they reach the door of the courtroom. It is an inexpensive and a quicker way, where you gain control of resolving civil and commercial disputes.
Our Mediator is fair, impartial and provides the premises and the complete package to resolve disputes quickly and a way forward to all parties to walk away with a win-win resolution.
Ask to speak to our Mediator for our initial fees and the way forward to a resolution.
Contact by E-mail firstname.lastname@example.org or telephone 0208 866 6464