The best way to resolve disputes is through face-to-face discussion. If this has not been possible, until recently the only alternative was to go to court. Over the past fifteen years or so mediation has provided an alternative to litigation.
In mediation a trained neutral mediator will actively help the parties attempt to reach a settlement. The mediator has no power to impose a settlement and so the resolution of the dispute will be one that the parties will have agreed to. Mediation is confidential.
Between 75-80% of mediations of civil and commercial disputes reach resolution and it has proven to be much cheaper than going to court. It is a swift and economical process which not only takes account of legal arguments but also of commercial needs.
Most mediations involve a meeting between the parties, which is chaired/directed by the mediator. Before the meeting the mediator will have asked all parties to provide material to allow the mediator to ‘read in’. Parties can bring their advisors (such as solicitors) to the mediation meeting. There will usually be private and joint sessions at the mediation. Anything said in a private meeting will remain confidential. If there is settlement at the mediation, there will usually be a written agreement.
If a settlement is not reached in mediation, the parties are free to go to court. If a case is already in the process of litigation, most courts will encourage mediation and will allow a stay (a break) to allow mediation to take place.
Mediation can be used in a wide range of disputes including commercial disagreements, workplace or employment claims; marital or relationship break-up matters and neighbourhood disputes. The Solent Mediation Group focuses on mediation of commercial, workplace and some types of family disputes.
