The judicial systems of the United Kingdom and other countries throughout the globe have recognised mediation as a valid and acceptable form of alternative conflict resolution (also known as “ADR”). The ADR procedure known as mediation is one that is confidential, open to negotiation, and completely optional.
Why should I act as the mediator in this situation?
Family Mediation is the kind of alternative conflict resolution that is used the most often, and the judicial system in the United Kingdom and abroad actively encourages its use. When parties decline to engage in mediation, the courts have the authority to impose hefty financial penalties on them in the form of cost sanctions, and they do so on a regular basis.
What are the benefits of acting in this manner?
The practise of mediation, which is rapidly becoming one of the most used ways of alternative dispute resolution (ADR), carries with it a variety of benefits. The following are a few instances of the benefits that come with this:
- Participation in the mediation is completely voluntary on both parties’ ends, and it is in no way obligatory in any manner, shape, or form.
- It is absolutely top secret until the parties come to an agreement that satisfies both of them, at which time it will become common knowledge. Until then, the parties will continue to negotiate in private.
- It is helpful in overcoming challenges associated with communication
- Why It is more efficient than litigation, which might take a number of years to finish, since it allows you to resolve the issue within a day.
- Litigation may take a number of years to finish.
- You will avoid spending tens of thousands of dollars on legal and court charges if you go this route, making it a financially prudent option.
- The parties determine amongst themselves who will serve as the mediator, but they have no influence in the matter of who will preside over the case as the judge.
- The agreement or settlement that was established is flexible, and it is meant to fulfil the wants and needs of both parties. This was achieved by taking into account all of the relevant factors. The parties continue to have control over the settlement and maintain the power to choose whether elements of the agreement are acceptable to them. They are in control of the situation and hold all of the power.
- In many cases, the parties are able to reach an agreement that is more favourable to them than the result that they could have gotten in the court or the tribunal if the case had been decided there.
- In most cases, after a settlement has been reached, the parties are free to go on with their lives and resume their previous professional relationships. After a case has been tried in court, it is very unlikely for anything like this to take place.
- Even if a compromise cannot be reached, both parties will come out on top since any communication gaps that existed before will be addressed, and each party will have a greater grasp of the position, advantages, and drawbacks of the other party.
Who is in a position to act as a mediator?
The only cases in which it is inappropriate are those in which a quick injunction, remedy, or enforcement is necessary. Otherwise, it is suitable for most cases.
Who precisely is acting in the role of the mediator?
Mediators are trained persons who have necessary qualifications and frequently come from a legal or other specialised experience. Mediators may also come from other backgrounds.
A mediator is someone who helps parties interested in a disagreement achieve a solution while maintaining their objectivity toward all parties involved in the conflict.
What are the fees associated with taking part in the mediation process?
In the majority of instances, the cost of mediating a dispute is determined in advance, and then it is fairly distributed among all of the parties involved. Because of this, the parties are encouraged to take part in the process of mediating their dispute so that a resolution may be found to their disagreement.
What more measures are there to take after the mediation process?
After the parties have come to an agreement on a topic, the mediator will work with them to develop a legally binding written agreement, which is often drafted by the parties themselves or their legal representatives. Once this agreement has been reached, the mediator will step aside.
In the extremely unlikely event that the parties are unable to reach an agreement about a settlement, you may find it comforting to know that any and all negotiations and proposals will be kept confidential and will not be shared with the court. This may allow you to feel less anxious about the outcome of the case.
When searching for someone to operate as a mediator, it may be useful to find someone who comes from a legal background and has experience working as a litigator. This is because such a person has the ability to better understand all sides of the conflict.