Mediating Disputes
Useful for: Government, Local Government, Business (all kinds)
In Brief
- Mediating to resolve a dispute is fast and cheap compared with other methods of dispute resolution.
- When successful it can provide the parties with a much wider range of pathways forward than the judgment of a court – this is because mediation focuses on the interests of the parties, rather than the rights of the parties.
- Mediation is not for every situation, but if the parties have a bona fide desire to resolve their dispute and are prepared to come with an open mind and a willingness to compromise then statistics show a large proportion of disputes are resolved in this way.
- The Courts encourage mediation and can in some cases, order it before proceeding to hearing, so engaging in this process early may save significant time, money and emotional energy.
- Mediation is not only suitable for neighborhood, family or workplace disputes – it can lead to successful outcomes even in very large commercial disputes between parties located in multiple jurisdictions.
- Choose your mediator carefully. The best mediator for the situation may be a lawyer or may be a technical expert in the field of the dispute.
- Whoever represents your company/department at the mediation must have the legal authority to make binding decisions on behalf of your party.
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