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Mediation News

11-12-2013

Mediation Process Explained

At Effective Dispute Solutions we get several enquiries asking how the mediation process works and therefore we thought we would provide a quick guide to advise how the mediation process does actually work.

It is important to note that each mediation services provider may well have their own approach, as will perhaps each mediator, this guide is for information purposes only and it describes how at Effective Dispute Solutions we undertake the mediation process, following years of feedback and experience of what works effectively.

Firstly it must be made clear that mediation in whatever form is voluntary and therefore all parties to a dispute need to agree to engage in the process, in the absence of which mediation cannot be undertaken, although mediation is compulsory in certain jurisdictions it is not compulsory in the UK mediation market, (frankly my own personal views, neither should it be).

Whether you have a commercial, workplace, employment, family or neighbour dispute, we adopt the following general mediation process, which will differ slightly depending upon the area of dispute.

1. We process your enquiry; obtain as much detail from you as possible to ensure mediation is in fact suitable to your circumstances and the situation.

2. Once the agreement to mediate of all parties to the dispute has been obtained, arrange a convenient time, date, location and venue to mediate the dispute.

3. Issue all the paperwork, requesting any relevant documents.

4. On the day of the mediation, have a brief pre mediation meeting with all the parties, to address any last minute questions, concerns and then use a series of meetings, joint and separate to narrow the issues between the parties and commit any agreement to writing.

For commercial mediation please note that any agreement committed to writing will usually be in the form of a Consent or Tomlin Order, if formal legal proceedings have commenced, if they have not, any agreement will act as a binding contract on the parties.

For employment mediation, this will usually also be the case as it will be for some family mediation cases. For workplace mediation and neighbour disputes any agreement formed is formed on trust and is not legally binding, divorce and separation cases where an agreement has been reached and deduced to writing is known as a memorandum of understanding which will then require the assistance of a solicitor to make it legally binding, enforceable.

For workplace mediation cases we see parties separately initially, whereby after initial meetings with all, we then proceed to see all parties jointly, we have found this allows people to speak more frankly and discuss any confidential issues with us more easily, as the dynamics are slightly different to commercial disputes this is a more effective way to proceed.

Finally any family mediation cases involving separation or divorce may be undertaken over a period of time in shorter sessions with a mixture of joint and separate meetings, as opposed to mediation taking place over usually just the course of one day.

Each case is different, however call us on 0121 533 2793 so that we can discuss your case with you and advise what would be the best mediation process for you to adopt and more importantly get a mediator to you as soon as possible and help you to get your dispute resolved immediately.