Mediation is the process where parties instruct an independent person to assist them to try and reach a settlement. This can take place in person or online and is an effective way to allow parties to resolve the dispute between them without the case going to trial. Not only can this save the parties costs but also time and the stress of trial, which is often underestimated.
The day of mediation will often begin with parties in their own rooms with their legal team. The mediator often likes to bring the parties into one room to allow them to see each other and for all persons involved to introduce themselves but this is not always appropriate. When it is appropriate, each party is given an opportunity to say an opening statement, which can include what they are hoping to achieve from the mediation. The mediator will outline the timetable for the day and then send parties to their respective rooms.
The mediator then spends the time going between the parties’ rooms assisting them to address each issue involved and to reach a compromise between them. The process is without prejudice meaning that nothing that is said during mediation can be brought up in court proceedings.
A top tip for mediation is to be prepared. Parties should exchange position statements in advance of the day, which set out their legal arguments and what they wish to achieve from the day. Another tip is to listen. This sounds simple however, one should try to listen without judgement to understand the other person’s perspective. This can be difficult but instead of thinking of how you are going to respond, just allow yourself to listen.
Mediation is usually required when parties have been unable to resolve the issues between them and, often, are stuck in a gridlock of arguments that they cannot untangle. The process can be particularly successful in resolving boundary disputes between neighbours. It is widely known that Judges are not fans of boundary disputes as they consider that the parties should just come together and agree to something. However, it is not always that easy. Mediation can take place on site with parties being in their respective houses or nearby at a neutral venue. It is often helpful for the mediator and the parties to be able to see the area in dispute on the ground.
Once a settlement has been reached, the parties will sign a settlement agreement containing all the terms agreed.
So, if you would like representation at or to arrange a mediation to bring a dispute to a settlement then, please reach out to us at Rowberry Morris Solicitors, Lawyers for Life.
