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Why
mediation works
Not all personal or commercial disputes
end up in court; solicitors frequently settle cases
for their clients without the need for a hearing. But
mediation provides a structured but flexible process
for cases which have not been settled (whatever the
reason) and it can help avoid costly court proceedings.
Mediation – negotiation
facilitated by a neutral person – is effective
because...
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The key people – the parties themselves
and their solicitors – are in the same
place at the same time, focusing on the same
problem, not just on the procedure
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Mediation is directed towards co-operation,
not confrontation
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All parties can talk privately
to the mediator about what they hope to achieve
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The
mediator does not pass information to the other
side unless specifically authorised to do so
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The mediation process and its
confidentiality can help each side clarify underlying
issues they might not want to discuss in public
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Each
party can say what they feel, in a controlled
environment, without sabotaging the negotiation
-
Each
party gets a chance to be listened to and understood
- by the mediator, and potentially by the other
side
-
Mediation
is safe – any party can walk away without
compromising court proceedings. The mediator
controls the process, but subject to that the
mediator does not tell anyone what to do.
Mediation is above all a negotiation.
A mediator brings parties together, enables the
communication of everyone’s point of view and facilitates
discussion and co-operation, but the ultimate
power to settle a dispute remains with the parties
in dispute.
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