In any dispute there are several choices for resolution, litigation, arbitration, adjudication (within the construction world) and mediation. Save for mediation, the other forms of dispute resolution are determinative in nature. A pre-determined and often protracted process will ensue, a third party will decide, and this decision will be imposed upon you. This almost always occurs at great expense in terms of money and time in a highly charged, restricted and stressful environment. This also generally leads to a binary outcome which often satisfies no one.
Conversely mediation allows the parties to try and negotiate a settlement between themselves with the assistance of a skilled mediator who has relevant experience and detailed knowledge of the subject matter in dispute. As commercial parties are generally sophisticated, pragmatic and rational settling a dispute is routinely the preferred option for all parties (even if they don’t necessarily suggest this openly).
Mediation can even assist in preserving business relationships (if this is an objective) as whilst settlements are facilitated by the mediator, they are negotiated resolutions directed and approved by each party, thus allowing the parties to retain control of the outcomes.
The mediation process is conducted without prejudice to any litigation process that may occur in the future or which may run in parallel. It is also in complete confidence so your dispute will not come into the public domain. Helpfully most disputes are appropriate for mediation and starting the mediation process as soon as possible makes perfect sense.
Due to its flexibility and adaptability to multiple situations and for multiple parties, mediation establishes a structure conducive to settlement and can cut through deadlocks which could otherwise be prolonged and entrenched in a more adversarial environment.
I am available to assist you as your Mediator and will work hard to resolve your dispute in a timely, efficient and professional manner. For further details on my background and experience, please click here.