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What Is Mediation and how will it help? - Mediation Wiltshire and West

What Is Mediation and how will it help?

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 info@mediationwiltshireandwest.co.uk  and we will be delighted to help you (there is no charge for initial telephone discussions).

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