1. Cost Mediation costs may be significantly less than taking a case to court, especially if mediation is chosen prior to filing a lawsuit. 2. Control Parties keep control over the outcome of their own problem but can have their advisors present to assist and guide them. In Court the control lies with the judge…
Read MoreConflict is destructive when: Takes attention away from other important activities Undermines morale or self-concept Polarizes people and groups, redoing cooperation Increases or sharpens difference Leads to irresponsible and harmful behaviour, such as fighting and name calling. Conflict is constructive when: Results in clarification of important problems and issues Results in solutions to problems Involves…
Read More1. Mediation is one of several approaches to resolving disputes. It differs from adversarial resolution processes by virtue of its simplicity, informality, flexibility, and economy. 2. The process is entirely confidential and flexible. 3. All discussions and negotiations are without prejudice and any documents prepared for mediation will be privileged and cannot be used in…
Read MoreMediation has moved centre stage and works in any circumstance where parties have diverging interests that need to be resolved. It is particularly suitable where: The parties wish to preserve their relationship whether commercial, professional or personal. Confidentiality is key. The needs of the parties cannot be addressed in court. Time is of the essence –…
Read MoreWhat Is Mediation? An informal process during which an impartial third party assists disputing third parties in reaching a mutually acceptable agreement regarding their dispute. The Mediation Process Mediation typically involves five phases, one in advance of the mediation and the others on the day of the mediation; 1. Preparation – Get the information ready…
Read More“The cost of litigation is a deterrent to any but the rich, the courageous and the foolhardy. Court cases, where one side wins and the other loses, is the nuclear option. It seems to me that this ownership of both the problem and the solution is one of the great attractions of Mediation” – Hon…
Read MoreHistorically there has been little information available from prior family law cases to couples to help them determine how their case may be dealt with in Court. To tackle this issue the Courts and Civil Law (Miscellaneous Provisions) Act 2013 was introduced and became operative in January 2014. The 2013 Act allows members of the…
Read MoreThe mediator does not impose a decision nor make any kind of judgment, unlike a Judge or Arbitrator. The mediator’s role is rather one of facilitating the parties in finding their own, mutually acceptable, solution. A successful mediator of commercial disputes will therefore require a board skill-set that includes strong listening and collaborative skills as well…
Read MoreIt usually takes far less time to reach a final resolution than if the matter were to go to trial. Usually (but not always), it costs significantly less money, as well. Furthermore, in the case of arbitration the parties have far more flexibility in choosing what rules will be applied to their dispute (they can…
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