Mediation

 

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Mediation

Wright Hassall are keen advocates of alternative dispute resolution and have been involved in many mediations which have led to settlements. We recognise that mediations can mean disputes being settled more quickly and certainly more cheaply than conventional litigation.

Therefore at every stage of the dispute resolution process, mediation will always be considered as an option for ending the dispute. We also look at the wider commercial implications of disputes: clients generally want to keep their business relationships and  mediations can often be the best way of securing this.

We consider that our experience of mediation will lead to our clients getting the best possible result for them by reaching agreements compatible with their commercial interests.  As well as all fee earners being trained in representing clients at mediation, we also have trained mediators who can bring additional expertise to the process.

Mediation is a consensual process under which a neutral party assists the resolution of a dispute, resulting in a written settlement agreement.  The mediator can be chosen by the parties, or by a nominating body agreed between the parties.  The parties will exchange short statements and documents and then the meeting will take place over a few hours, or even a few days.

The skills of the mediator are important, and we are able to recommend those we consider to be best qualified for a particular dispute based on our experience.  Ultimately though, it is the parties that own a dispute and must find the resolution.

The mediation process

Typically in a mediation between two parties, one would hire three rooms, one for the Mediator and for general sessions and the other two as rooms for the respective parties.  The parties would meet in a joint session with the Mediator at the start of the day and then go to their respective rooms where the Mediator would move between them, exploring issues and gathering information in confidence and carrying out a sort of “shuttle diplomacy”.

Our mediation service

Philip Harris and Peter Tugwell run a mediation service in conjunction with a local Chamber of Commerce. They have a very high success rate in enabling parties to settle their disputes.