“Discourage litigation. Persuade your neighbours to compromise whenever you can”
Abraham Lincoln
Mediation is an invaluable process which enables the parties to a dispute to identify and explore issues, relay perspective, develop options, reality check alternatives and craft an outcome suitable to them. It is the process of reaching the middle ground between best and worst alternatives and finalising a dispute by agreement that all parties accept.
The mediator’s role may include to assist parties with their negotiations before mediation, facilitate discussions during joint, separate or shuttle sessions and reality check the parties’ position at the concluding stages of a mediation.
The mediator will remain impartial and independent and encourage all the parties to understand each other’s interests and position and look at options from a variety of perspectives.
Advantages of mediation are:
- The process is confidential, and agreements remain private
- It provides a timely and efficient resolution option and can realise significant savings in terms of the considerable cost of litigation and the time, energy and stress associated with going to court
- It is conducive to creative solutions and potential win/win outcomes
- The process and decision-making rests in the hands of the parties
- The parties retain significant control over the result
- The mediation process has the potential to preserve and enhance relationships
Mediation is a structured approach to dispute resolution and ordinarily involves three phases:
- Pre mediation and opening
- Issue exploration and Joint session
- Option generation/negotiation/joint and private sessions and conclusion
Mediation is flexible and depending on the nature of the dispute and the wishes of the parties more attention can be given to certain phases.
At MGH Solutions we can assist parties to achieve outcomes which they develop and craft as their own.
Please refer to our “Disputes Page” for more details as to the nature of the disputes we are experienced in. Details as to fees, as well as some useful links and other information are contained on the “Resources and Packages Page”.