These days there will rarely be a case that is not a
suitable candidate for mediation or where the parties would decline to mediate.
Mediation involves the parties choosing their own process,
which means that, although most mediation will follow a similar pattern, it can
be infinitely flexible. It is a confidential process and "without
prejudice", so it is an opportunity to have your say away from the public
forum of a court room and in a way that allows you to express your opinion
freely.
Mediation is generally presided over by a neutral person who
assists the parties to work towards a negotiated settlement. That person is not
a judge so they will not give an opinion on the matter but, done well, a good
mediator can really test the parties' positions and assist settlement by
highlighting strengths and weaknesses.
However, the decision to settle is made by the parties. They
cannot be forced to settle and will only settle if the terms of that settlement
have been agreed.
That is why it is always important to have someone empowered
to make a final decision on settlement attending the mediation. There is nothing
more frustrating than reaching a deal in principle but then having to adjourn
because the decision has to be referred back to someone who is not present.
Mediation is a tried and tested way to resolve conflicts and
disputes, including those which are complex and high value.
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