Mediation

Mediation is a little like marmite.  You either like it or hate it!  As a process, it has been with us for a while.  Those that have been involved in it, I would place in the "like" camp, and those that oppose it, I would venture have often had little to do with it.

It is not a solution to every problem, but it is a process that puts back control of the facts of the argument with the parties, and tries to find a way to solve it.  It is based on discussion, rather than allowing a judge or arbitrator to make the decision for you.

How does it work?  In very simple terms, a mediator is a neutral facilitator.  He or she can be from any walk of life, but with the common factor of having been trained and accredited by one of the accredited bodies.  There are a number of ways to conduct the proceedings, and it can be tailored to each dispute, and that in itself is one of its qualities.

The mediator does not judge and has no power to impose a settlement.  His role is to listen and question and gain information until he can find a place within the facts that there may be a solution that can be gently offered to each side.  It may include other things than the payment of money.  In fact it can include just about anything that the parties would wish for.  That can include re-arranging future working relationships, resolving other issues at the same time, working through a project to its natural conclusion or parting on better terms.

It can be set up by agreement in a matter of weeks.  It can then be over in a matter of days and the cost saving over more extended forms of dispute resolution can be significant.

The role of mediation has been established in various areas for a while.  The requirement to consider family mediation is now a part of the Court process in every case.  Neighbourhood schemes for resolving neighbour disputes and social issues are small but significant.

Workplace mediation is relatively new, but there have been recent Government calls for reforms in Employment Law and its position within this can only strengthen.

Mr Osborne's speech in November this year, raised the profile of mediation and has stated an intention to spread the message and promote its use.

As a process it stands alongside arbitration, adjudication and the formal court process.  It does not replace them but as a tool in the box of dispute resolution, it is invaluable.

At Kerseys we have two accredited civil and commercial mediators, namely Anthony Wooding and Iain Thom.  We can assist in your understanding of the process at the very least: how you can use it and if you can make it part of your business processes.

We can also assist in setting up mediations for our clients.  We have knowledge of mediators with a proven track record of solving complicated and emotive disputes.

Or we can mediate your dispute for you!

Contact:

Anthony Wooding : profile | anthony [dot] wooding [at] kerseys [dot] co [dot] uk ((email))

Iain Thom : profile | iain [dot] thom [at] kerseys [dot] co [dot] uk ((email))