Definition - Mediation
Area of Law: Mediation

Mediation


Mediation - Commercial/Civil/Family is a less formal means of resolving disputes and/or allowing parties in dispute to reach a mutually recognised agreement.

Mediation is facilitated by a trained and impartial third party, usually referred to as a mediator, who brings the party in dispute together in order to clear up misunderstandings, identify concerns, and reach an agreement.

Mediation is voluntary although in certain circumstances, such as employment disputes, it can be urged.

The mediation process involves the parties in dispute presenting their case and the mediator who then works with each party separately and in confidence in order to achieve a settlement.

The mediator will clarify information given by the parties in dispute and consider possible options with them.

Once this has been done the mediator will assess the arguments put forward and the subsequent information obtained before presenting his findings which will usually include a potential solution to the dispute.

Mediation is non-binding and a resolution cannot be imposed.

Mediation can be used to settle commercial, civil and family (children and divorce) disputes without the recourse of taking a dispute to court.

In family disputes concerning children the parties involved are now expected, under the Family Law Protocol, to have considered alternative means of resolving their dispute and to have attended a Mediation Information Assessment meeting (MIAM) to see whether mediation is appropriate.

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Mediation Specialists