What is mediation and how does it work?

Lancaster Law & Mediation is committed to providing clients with an alternative to court-centred litigation.  Litigation is an important means for resolving certain types of disputes. That’s why our legal system provides a whole range of courts and tribunals for the purposes of litigation. But litigation is not for everyone and it is not suited to many conflict situations.  For many people who are confronting disputes and complaints, the reality is that traditional litigation does not offer the optimal pathway to the resolution of the conflict. Mediation, in many instances, does offer a genuinely better alternative.

So, what exactly is mediation?

Mediation is a process of resolving disputes which, although conducted by an experienced mediation practitioner (the mediator), puts the people who are in dispute (the parties) very much at the centre of the process.

The process of mediation involves structured discussions between the parties, facilitated by the mediator, with the purpose of enabling the parties to gain a clearer understanding of all of the aspects of the dispute and to work out a mutually acceptable resolution.

Anyone who has been involved in a dispute or complaint knows how difficult it can be to initiate and remain engaged in discussions when a serious conflict exists.  An experienced mediator has skills which can help the disputing parties to have productive discussions with each other aimed at reaching a resolution which the parties work out for themselves.

What are the advantages of mediation?

While mediation is not a process which can be effectively completed in a few minutes, it is a process which will often prove successful in achieving a reasonable outcome, given the genuine commitment of the parties to making the necessary effort.  Successful mediation will produce significant savings of costs and time for the parties.  But these important advantages are not the only ones that mediation can provide. In many contexts such as employment, education, service provision, the parties want to maintain an ongoing relationship. Because the process of mediation is strictly based on the principal of confidentiality, it is very effective in protecting the privacy of the parties as well as protecting their reputations and business activities.

Resolution through mediation

It is a general practice in mediation for the parties to have a written agreement which incorporates the terms of resolution.  Such an agreement will also have binding terms that require the parties to maintain confidentiality and not engage in any conduct which could harm each other’s personal and professional reputation.  Agreements entered into by the parties as a result of mediation will be binding on the parties.  Such agreements provide the parties with significant assurance that the terms of resolution will be adhered to and implemented.

Please contact us for an obligation-free consultation. We are happy to discuss with you the process and the options available prior to any commitment to go ahead with mediation.