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If you are struggling with a dispute of any sort then mediation might just be the answer for you to resolve the issue as quickly and cost effectively as possible and to avoid litigation completely.
Mediation is a process that has been around for some time and is now being utilised more frequently in many types of disputes, such as divorce, employment and commercial disputes.
It has a number of advantages over litigation and if mediation does not work for any reason, then litigation is still an available option to consider.
So what is mediation? Mediation is where a trained mediator is assigned to your dispute and will hear from all of the parties involved. This person is someone who is completely independent and who has no involvement in the dispute. Once they have heard from everyone involved, they will make a decision on the outcome of the dispute.
There are advantages to using mediation to resolve any disputes you are involved in. Firstly, mediation costs far less than going to court does and in most cases, mediation is far quicker than litigation. You would have to wait a significant amount of time for your case to come up in court, however you should be able to book a mediator within a couple of weeks. This means that your dispute is brought to a close much more swiftly and this can only benefit everyone involved.
The process of mediation is far less adversarial than going to court and getting both parties into a room with a completely impartial third person can go a long way to reducing the conflict and allowing a resolution to be found. Litigating can actually inflame an already heated dispute beyond repair.
Lastly, mediation is completely confidential and is carried out behind closed doors. This means that there is no publicity around your dispute, but if you litigate, your case becomes part of the public record.
Whilst there are a number of positive reasons to use mediation, there is one big drawback. The outcome of mediation is not legally binding and therefore, even if the mediator rules in your favour in the dispute, if the other party decides not to comply with the wishes of the mediator, there is little you can do. However, the option of litigation is still open to you if mediation does not resolve the dispute.
For more information about this article or any aspect of our disputes and litigation services, please call us on 01985 224770 or email email@example.com and we will be delighted to help you (there is no charge for initial telephone discussions).
Going through a divorce is extremely upsetting for everyone involved and finding a way to get through it with as little emotional fall out as possible has to be a good way forward. If you do decide that you want to make the process as non-adversarial as possible, then mediation may be the right choice for you and your ex-partner.
Going to court to decide on contact arrangements for the children and the splitting of assets will prove to be an expensive and time consuming process. Mediation has been designed so that you both have a chance to avoid that whole situation and to just sit down in a room and decide for yourselves with the help of a mediator.
Since April 2011, every couple who is getting divorced has to consider mediation, apart from cases of domestic violence or cases with child protection issues and the benefits are clear. In mediated divorce cases, the divorce was settled within half the time of divorce cases which had to go to court.
So what is mediation and how can it help you?
Mediation is where you and your ex-partner will meet alongside a third party, your mediator, who will listen to both sides and then help you to reach an agreement on all of the important decisions you need to make about your divorce. These may include access arrangements if you have children, maintenance payments, your property and all of your assets too.
You don’t need to worry about what will happen if you cannot reach an agreement during mediation either, because mediation is not the end of the road. If you cannot reach agreement at mediation you simply go to court to get a judge to decide for you instead.
You will not lose out by using mediation, but you may be able to get through your divorce more quickly and with less confrontation, so it could be worth trying first. Mediation will not work for everyone, but if you think it may work for you, please contact Charles Goodbody now on 01985 224770, and we will be delighted to help you.
Over recent months there has been more and more mention of Mediation in the media and so what is mediation exactly?
What is Mediation?
Mediation can involve two or more individuals, groups, businesses or organisations who have had a disagreement and have been unable to resolve the issues between them. The parties meet with an independent/neutral third party, usually together, who facilitates discussions – a trained Mediator. Mediation can be used to resolve Family and Relationship issues, and Civil matters such as property disputes, employment issues, contractual difficulties, and professional negligence. This list is not exhaustive and mediation can often help in all sorts of different circumstances. It can provide practical long-term solutions which would not necessarily be available through the courts. It is a flexible process and different disputes require different approaches. The decision to mediate is voluntary which means parties who attend Mediation are free to leave at any time. When parties decide to mediate they are attempting to determine the outcome of their dispute themselves, without a decision being imposed on them by, for example, a Judge or an Ombudsman.
From April 2013 it will be a requirement in most Family disputes for those involved to attend an information meeting with a Family Mediator before court proceedings can be issued. This means that now mediation is seen as the primary way of resolving a Family dispute and the matter will only be able to proceed to court if a Mediator considers the case is unsuitable for Mediation.
Changes in the court rules which govern Civil disputes will mean that mediation in Civil matters will become increasingly important and relevant during 2013 as a cost-effective way of resolving disputes.
Mediation Wiltshire and West Ltd has trained Family and Civil Mediators and offers a full Family and Civil Dispute Mediation service from East Gate House 94 East Street Warminster and the Old Town Hall Market Place Westbury. For further information please call Charles Goodbody on (01985) 224770 or e-mail firstname.lastname@example.org.