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Mediation/Advocacy

Mediation for Individuals

What is mediation?

 

Mediation is an effective way of resolving disputes without needing a court. The independent mediator helps each party to find a solution acceptable to everyone.

If you have a legal dispute you don’t always need to go to Court to sort it out. Mediation can be an excellent alternative, which is generally agreed to work in over 80% of disputes when it is used.

 

Are there any disadvantages?

There is no guarantee that a solution will be reached – although since mediation is successful in over 80% of cases, a solution is very likely. Apart from that, there are some situations in which mediation is not appropriate, such as:

  • If one or more participants are not negotiating in good faith, to try to reach a solution;

  • If one or more participants go into the mediation with a closed mind, ruling out any solution except what they are determined on;

  • If there has been violence between the participants.

 

To book a confidential consultation .thank you

Are there any types of dispute mediation cannot be used for?

No, provided all parties agree to try to mediate in good faith.

Problems resolved through mediation

 
  • Building disputes. – Your builder has built a defective extension to your house and you believe you are entitled to compensation.

  • Professional negligence – Your solicitor has made an error in your property transaction causing you loss.

  • Landlord/Tenant – You are the leaseholder of a flat and the freeholder is refusing to carry out external works to the property.

  • Land and boundary/right of way – A neighbour has built an extension affecting your right to light, or encroaching on your land.

  • Company/shareholder/partnership -. You are a shareholder of a private company and believe dividend payments are not being made fairly.

  • Contracts - A window company has fitted defective windows which they are unwilling to replace.

  • Wills/Probate and Inheritance – You are involved in a family dispute about the distribution of the estate.

  • Employment – You have a compensation claim for unfair dismissal.

Why is mediation better than going to Court or using other means of resolving disputes?

 

Advantages can include:

  • It is likely to be considerably cheaper, because although both parties share the cost of the mediator,  there are no court fees, and your own lawyers will probably spend much less time on the matter than if they have to prepare for a court trial;

  • The arrangements for the mediation can be informal and flexible, and even by telephone if that is what the parties wish;

  • All negotiations and the settlement are private, unless you agree otherwise, unlike Court hearings which are usually public;

  • You don’t have to meet your opponent if you don’t want to;

  • A settlement can include things that a Court cannot order, for example an apology;

  • The focus is on reaching an agreement acceptable to both parties, rather than on legal issues, evidence, and other technicalities;

  • It is likely to be considerably quicker and less stressful than the Court process;

  • You and the other party are in control of the solution to your dispute, which can be better than giving control to a Judge whose decision you may not like.

 

Our experienced mediators will advise and guide you in the best ways to resolve your problems in

work related disputes - tribunals hearings and procedures

family disputes - wills and probate, custody and visitation, divorce and separation -

note: you assured confidentiality you also recieve regular follow-up reports

covering terms and agreements.

© 2015 by Equi-Vision Services Ltd.  designed and developed by claude fontanelle

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