Mediation Process

How does Mediation Work?

Each disputant agrees to mediation, pays a fee, and attends with the mediator and the opponents at an agreed place.

The mediator will explain the procedure, and then each side gives a short summary of their case.

The mediator will then see each side separately, and will find out what is behind the dispute, what the issues are, what is agreed, what is actually in dispute and what each side really wants.

The mediator will not reveal to the other side anything said without express permission.

The mediator acts as a go-between and as an imaginative problem-solver.

The mediator's task is to assist the parties to reach their own settlement.

The mediator cannot give any judgment.

Any one can walk out at any time.

At the end of the mediation, successful or otherwise, the mediator destroys the notes in the presence of the parties.

Settlement in Mediation

The disputants reach their own settlement.

They can make this legally binding if they so wish.

The settlement can include anything they wish: (e g - a new contract - more work done - a restriction and so on). It is not restricted to damages, interest, and costs as in a judgment or award.

Remember - the mediator cannot give any judgment.

Advantages of Mediation

The main advantages of attempting to reach agreement by mediation are:

You are directly involved in negotiating your own agreement.

No settlement can be imposed upon you (as happens in litigation or arbitration).

The proceedings are conducted in private, and you are in control of your own position.

Because mediation can be used early in a dispute an agreement can be reached more quickly than may be the case when pursuing the problem through the courts.

You have the services of an experienced person who can aid your negotiations, and assist in achieving a quick settlement.

Generally the cost is greatly reduced in comparison with pursuing the matter through the courts or arbitration.

The Mediator may be able to explore alternative solutions that may not have been considered by the parties or are not possible or available through the courts.

It is possible to re-establish a positive relationship between the parties once the dispute is resolved.

If the Mediation is unsuccessful you have neither prejudiced or sacrificed any legal rights nor delayed significantly any ultimate settlement by the legal process.

Medation Costs

Not to be less than the mediation minimum wage tariff published by the Ministry of Justice every year; It is freely determined by the parties depending on the extent of the dispute, the time spent, and the side factors needed to resolve the dispute.

Our main principle in mediation is to carry out the process face to face in order to increase the interaction of the Parties. However, mediation processes can be performed over the phone and online, depending on the requirements of the day and the needs of the parties.