Mediation – A form of alternative dispute resolution

Entered into a dispute? Howard Day, accredited Mediator can help.

Mediation is an alternative method of dispute resolution, which can be a quicker and less costly solution where the differing parties are heading for expensive litigation or arbitration proceedings. The parties are brought together by the mediator who seeks to facilitate a settlement that both parties can accept. This is normally achieved in one day, allowing the parties to get on with their normal business without further stress or distraction.

Mediation is very popular in North America and Australia, and it is growing in popularity here. Disputes in the Property sector often suit mediation, as it is particularly appropriate when the parties wish to keep an ongoing business relationship such as landlords and tenants.

There are many reasons for choosing mediation such as* :

• The outcome of mediation is always within the control of the parties - with the help of the mediator they decide for themselves upon a settlement they can live with.
• Parties in mediation avoid the uncertainty and dissatisfaction often experienced in court or at arbitration where they have little choice but to accept the judgment made, which none of them may be happy with.
• Mediation resolves disputes fast, usually within a day.
• Mediation is significantly less expensive than litigation - because months or years of litigation are avoided, as are the consequent fees of lawyers and experts. Parties may of course have legal or other advisors present during the mediation if they wish.
• Everything said at the mediation is entirely confidential to the parties (unless specifically agreed otherwise) - unlike the potential publicity of court proceedings.
• The mediation process is 'without prejudice', so that if a settlement is not reached litigation may continue without the parties needing to worry about having 'given away' anything that the other could use in court.
• Mediation works in some 90% of commercial disputes - a settlement is usually reached on the day, or within a few days of the mediation meeting.
• Mediation is voluntary; any party may withdraw at any time.
• Nothing is binding upon any party until an agreed settlement is reached. Once a settlement has been drawn up and signed it becomes an enforceable contract between the parties.
• The Mediation is arranged at a venue convenient to the parties, who each have their own room as well as a separate room for joint meetings. The Mediator listens to everyone's point of view, talks to the parties privately and together, guiding them towards a settlement.
• The Mediation can take place at any time - it is not limited to ordinary working days or hours. If it suits the parties to negotiate over a weekend, then that is when it happens.

Howard Day is an accredited Mediator and a Fellow of the Royal Institution of Chartered Surveyors with extensive knowledge and experience of the property industry. He is therefore well placed to mediate all forms of property disputes.

Mediators under the Academy of Experts scheme are all specially trained and follow tried and tested methods. Howard Day is available through the Academy of Experts’ register or on a direct and private basis.

Mediation is a generic skill and in theory a trained mediator can mediate any dispute so if you would like to discuss the process or make an appointment please contact Howard Day on 020 7297 2033 or email howard@hdaya.co.uk

* copyright LAW on the WEB UK Ltd www.lawontheweb.co.uk