Settlements and discussions during Mediation remain private and confidential. Unlike Judgements, the outcome is not on public record and therefore Participants are more likely to be open and willing to negotiate commercially. The Mediation process is also Without Prejudice to any formal court proceedings. The Mediator will shred any notes taken once the Mediation is complete.
Unlike formal court proceedings, Mediations take place in a relaxed and less formal setting. Mediators are highly trained in working in both open and closed sessions and will adopt a format suitable and sensitive to the nature of the dispute and the needs of the Participants. Participants in Mediation often feel more comfortable, less pressured and in control, as ultimately, they will shape any potential outcome.
Unless ordered by a Court, Mediation is a form of Alternative Dispute Resolution elected by the Participants. The fact that Participants are willing to engage in meaningful dialogue with a Neutral mediator provides hope that the dispute can be resolved. Equally, Participants are free to walk away from the process if they can not achieve a workable solution.
Litigation as the alternative is becoming an increasingly expensive way to settle disputes. Protracted proceedings are risky, stressful and timely. Some can take many years to settle. Mediation allows you to agree a competitive rate and time slot in advance and can provide a real opportunity to resolve disputes. You have little to lose and much to gain.