
MEDIATION This is a process that allows the parties to attempt to arrive at an agreed settlement, with the assistance of a trained mediator. The mediator is somebody independent, with no vested interest in the outcome. It is their role - having been appointed - to consider the facts, understand the parties' position and prepare for the mediation meeting. At the meeting the mediator will explore the possible outcomes, discuss these fully with the parties and their representatives before inviting suggestions as to how the matter may be sensibly compromised. Mediation, if the parties enter into it expecting to achieve finality, has been shown to be effective. Whilst there is a cost (for the mediator and the representatives) it is a lot cheaper than the potential costs involved in preparing for and attending a lengthy hearing which could run into a number of days. The additional advantage is that the matter is within the parties' control, only being finalised with an Agreement between them, duly signed; if matters proceed to a tribunal or court then it is a decision taken out of their hands. |
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