What is Mediation? Mediation is a voluntary,
non-adversarial process where parties in a dispute come together in a
confidential and without-prejudice environment to find a mutual settlement. Mediation is a form of assisted negotiation.
Mediation is in the ascendancy. Why? Because the costs of
proceeding to a full court trial are huge. Furthermore, the time and effort
involved in taking matters to that extreme are considerable.
Mediation can be adopted in practically any form of
dispute and statistically, there is an 85%
chance of settlement. It is also considerably more flexible than court
proceedings and can produce results that a court process cannot.
In business, mediation is commonly referred to as commercial
mediation to avoid confusion with other forms of mediation, for example, mediation
in the workplace. Insolvency mediation, therefore, is merely a specialised area
of commercial mediation.
When is the right time to mediate?
Simple - when the parties have a desire and a willingness to settle the dispute.
Adrian Leopard & Company can help you with mediation, both as a mediator or acting for one party in a dispute. Read more about mediation and how it can help you by visiting our commercial mediation site.