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Why mediation?

What we offer

Mediation

Mediation

Mediation is a common form of alternative dispute resolution in commercial disputes. The parties, usually accompanied by their legal advisers, meet with a mediator to attempt to reach a settlement. The mediator is an independent third party whose role is to facilitate negotiations and settlement between the par
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Arbitration

Arbitration

Arbitration is often used as a quick and relatively inexpensive way to settle contract disputes.  It can be final and binding if the parties so agree.  Resolution of a contractual dispute by Arbitration is frequently agreed to by the parties entering into a contract. Contracts usually include
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Adjudication

Adjudication

Adjudication is currently used almost exclusively in the construction and engineering industry. The Adjudicator is usually a construction or engineering expert or barrister specialising in technology and construction law appointed to give an opinion on the issue (sometimes technical) to allow work to carry
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Expert determination

Expert Determination

Expert Determination is a procedure in which a dispute or a difference between the parties is submitted, by agreement of the parties, to one (or more) experts who make a determination on the matter referred to it or them. The determination is binding, unless the parties agreed otherwise and may hav
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Expert evaluation

Expert evaluation

Expert evaluation is similar to expert determination but as the process suggests it is an evaulative process not a determiniative one.. The expert’s decision is not binding but can be considered advisory. This is known as Expert Evaluation. Although not binding the evaluation often forms the basis o
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Facilitated negotiation

Facilitated negotiation

This process is very similar to the Mediation process except that the negotiation process will be more actively progressed by the input of the experienced legal facilitator.  The Facilitator employs the same skills as a Mediator and shuttles back and forth between the parties helping each p
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Once parties embark on a formal court process, it is easy for costs to spiral and/or become disproportionate to the amount of the claim. Litigation risk will play its part in that there is a risk that you will not be successful and be ordered to pay the other party’s costs. Mediation provides the opportunity for parties to settle their disputes at an early stage, thereby saving time and cost to the business in an environment that can also preserve commercial relationships.

There is no set time for a mediation to take place. It can happen at the convenience of the parties once they have agreed who the mediator should be. Unlike court proceedings, the mediation process does not have a set timetable, which means that if both parties are willing, the dispute can be settled quickly.

Court proceedings are a matter of public record, so a third party can apply for copies of documents filed at court. By contrast, mediations are cloaked in confidentiality and are without prejudice, irrespective of whether or not court proceedings have begun.

Mediation provides a useful forum in which parties can test the strengths and weaknesses of their case. The mediator’s neutrality means he or she is well placed to provide an objective, unbiased view on the issues and dispute as a whole. This allows parties to reflect on whether or not their aims are realistic.

A long drawn out legal process inevitably takes its toll on commercial relationships, as increasing amounts of time, energy and money are expended. Mediation provides flexibility for parties to settle the dispute quickly and in a way that enables them to work together in the future, or to part company on the best terms possible.

Instead of relying on judicial decision, mediation allows parties to retain control over their destiny. They have the freedom and flexibility to craft the settlement terms in a way that suits them. Parties settling disputes on their own terms are more likely to stick to the terms of the settlement.


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Mediating Works Ltd.
A Company registered in England and Wales, Company Number: 05269434
Registered Address: Chambers of Miss C Buchan, 9 Savill Road, Lindfield, Haywards Heath, West Sussex, RH16 2NY UK. Telephone +44 (0)1444 482222.