Do you need mediation services?
Mediation is a form of Alternative Dispute Resolution (ADR). Mediation must be agreed by both parties, and they control the outcome. The aim is to find a resolution to the dispute without formal proceedings: for example, by going to court. It is a confidential process, regardless of whether an agreement is reached. It cannot later be referred to in a tribunal or law court should it later get to that.
Mediation can therefore be used to resolve issues without having to resort to the more formal, potentially expensive processes available, particularly as both parties can be seen to ‘win’ rather than there being a winner and loser. Mediation can take place before or during legal proceedings or in situations where legal proceedings are not even contemplated.
How does the mediation process work?
Mediation sessions generally start with both parties in the same room, or they can agree to remain entirely separate. It tends to last up to a day and will take place at a mutually-agreed location. The parties will spend most of their time in separate rooms and the mediator will move between them to advance the process, using various skills and techniques such as listening, open and closed questioning, and reality testing. Above all, the mediator must remain impartial.
If the parties reach an agreement a settlement agreement will be signed by both parties.
How ELS Solicitors can help
Our specialist team can help you by providing mediation services or advising you on whether they would be useful in your circumstances. Although we are employment law specialists we can mediate in all areas of law and disputes: a mediator does not need an in-depth knowledge of the law.
We can contact the other party for you to see whether they would be interested in going ahead with mediation. If so, we can arrange everything for you.