The mediator will not decide the outcome of the case, unlike an arbitrator or a judge. The mediator’s job is to aid the parties in dispute to resolve the problem through series of processes that allows each party to:
- Come to an agreement on a reasonable solution
- Identify the strengths and weaknesses of their case
- Discuss disputes
- Understand that accepting less than expected in the first place is the hallmark of a fair settlement
For all parties, their main goal is to come to a solution that they can live with and trust. The mediator has no power to impose a decision, nothing will be made certain unless both sides agree to it. The process focuses on solving problems in an economical approach – for example, taking on board the cost of litigation rather than revealing the truth or bringing on legal rules.
That’s not to say that the merits of the case aren’t factored into the analysis – they are. The mediator will evaluate the case and outline the weaknesses on each side. The point being to emphasise the risks of faring much worse in front of a judge or jury, and that the penalty or award imposed will be out of the control of the litigants.
Types of Problems Solved with Mediation
Mediation can solve various disputes. Neighbour-to-neighbour disagreements or other business and personal issues can also be dealt with by a mediator. In some cases these can take as little as a few hours e resolved in a few hours without the need to initiate legal proceedings.
When litigation has proceeded, it’s not uncommon for courts to require some form of informal dispute resolution, such as arbitration or mediation, and for a good reason – because it works.
A few examples of cases to consider for mediation :
- Small business dispute
- Breach of contract
- Real estate dispute
- Family law issue
- Personal injury matter
The length of time it will take to solve the problem will depend how complex the case is. Simple cases normally resolve in half a day, no more than 4-5 hours. The more complicated cases will usually need a full day of mediation, with the negotiations continuing after the mediation ends. If the mediation doesn’t settle, either side can file a lawsuit or continue pursuing the current case.
Next Step
If you want to find out anything further about this topic then please feel free to call on 0330 236 9930, 0330 236 9938 or 07961 116321. All conversations will be in strict confidence. You can also email vee@navigatebr.com
This article is for information and interest only. It is not a substitute for full professional advice, which will take in to account the specific and individual circumstances. Navigate Business Recovery Limited cannot accept any responsibility for any loss arising as a result of any person or organisation acting or refraining from acting on any information.
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