We have mediators trained in (commercial) dispute resolution.
Mediation is a structured discussion between two or more parties about a dispute facilitated by an independent mediator with the aim of resolution.
Disputes are usually expensive and time consuming which is bad for business.
Mediation enables those involved to (collaboratively) resolve their differences and move forward – generally at much less cost that if the dispute has to be decided by a Court.
Participants control the outcome and are not restricted by rules of evidence, practice, or litigation procedure.
Courts and tribunal processes are normally adversarial which means that parties focus on winning their argument which can fracture relationships.
Successful mediation promotes and can enhance relationships. They can sometimes reach an outcome that a Court simply cannot.
Court and tribunal timetables can be long and drawn out and the parties have little control over hearing dates.
Barristers, experts, and solicitors are a necessary but expensive part of the court process and the longer the process the higher the bill.
Mediation takes place when the parties want it to and normally take less than a day.
The Mediator’s fee is generally shared by the parties and is a small fraction of the cost of paying barristers, experts, and solicitors to run matter through the court or tribunal process.
As mediators we aim to empower participants to resolve the immediate disagreement and to maintain relationships. We do this by:
Pillar 1: Requiring courtesy
Pillar 2: Expecting Involvement
Pillar 3: Encouraging openness
Pillar 4: Promoting creativity
Pillar 5: Facilitating Agreement
Ideally we can all be both heard and understood when we speak. M&L Mediators facilitate active listening and utilise techniques to ensure that all parties are both heard and understood.
There is always another side to a story and there is always another version of events. Part of the power of mediation is to allow room for each party to hear, consider, and appreciate the same set of facts from a different perspective.
It is human nature to see a solution that suits us. To succeed at mediation parties need to build on the understanding gained from listening to each other and contemplate sustainable solutions that benefit everyone.
To resolve a dispute at mediation usually requires the parties to work together, understand that other parties have different (and often valid) points of view, and actively seek solutions acceptable to all of them.
When a resolution is achieved it is important to write down the essential points of agreement, particularly when something is to happen and who is to do it. Once the agreement is signed and dated the responsibility of the parties becomes honouring the terms of what they have agreed to.
For Mediation Services enquiries, please contact us.
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