Mediation

Introduction
Mediation is a process of structured negotiation, which is carried out with the assistance of a neutral third party, the Mediator. It has all the advantages of conventional negotiation but the involvement of the Mediator makes the negotiation much more effective.

Mediation is now being used extensively for commercial cases. Something of the order of 70 - 80% of commercial mediations result in a settlement either at the time of the mediation or within a short time thereafter.

Because the aim of mediation is to produce a commercially negotiated agreement, it has the capacity to result in a much more flexible solution to the dispute than is possible by more formal dispute resolution processes.

The entire mediation process, and all that is said, done or produced during it, is confidential. It is conducted on a without prejudice basis.

The Mediator
The Mediator’s role is to facilitate the negotiations. The Mediator does not decide anything, and will not usually express views on the strengths or weaknesses of any party’s position. The Mediator will however discuss those positions with the parties, to ensure they are being as objective as possible.
The Mediator will try to get the parties to focus on looking to the future and their commercial needs and objectives, rather than analysing past events and trying to establish their legal rights.

The Mediator will concentrate on the problems and how to solve them, not the people and any vested interests that they may have.

Contact:

Mark Summerfield on  T: 020 7317 8681  E: mark@solts.co.uk