Walkers Attorneys

Mediation can offer a speedy and cost-effective way of resolving disputes. An impartial mediator manages the process of negotiation between parties with a view to facilitating a resolution of their dispute. The mediator does not prescribe solutions, but assists the parties to generate and test the viability of proposals which may be acceptable to the parties. At the beginning of the mediation process, the parties reach agreement with the mediator as to how the process will work for them. A typical mediation process agreement can be viewed by clicking here.

There are three main areas in which mediation is particularly effective: commercial, labour and family disputes.

Commercial

In most instances companies want to ensure a continued business relationship with the other parties to a commercial dispute. Litigation is costly and tends to disrupt that relationship. Mediation offers cost effective, structured management of the parties' negotiations. Experts can be drawn in to advise on special issues without compromising the impartiality of the process.

Organisations

Relationships within organisations are also characterised by the need to maintain or generate good ongoing relationships in order to ensure continued effectiveness and productivity. There is a use for mediation as a means of resolving deadlocks before entrenched positions are adopted. Mediation is an effective means of integrating the negotiations around disputes into the normal decision making process of an organsiation.

Family

Mediation is particularly effective in family disputes, because invariably there is an ongoing relationship involving the children’s needs and future parenting. Divorce mediation assists the parties to resolve their financial disputes themselves rather than surrender this decision-making role to someone else. Divorce mediation manages the power imbalances between couples, and is often most effective when there are two mediators, one with a legal background and one with a social work or psychology background.