Frequently Asked Questions
What is mediation?
Mediation is what happens when the parties to a dispute appoint a neutral person (the mediator) to help them to find a solution. Mediation is a highly effective, confidential, economic and speedy process, which enables the parties to find their own resolution rather than having one imposed on them by a court or other tribunal.
Mediation works because the process enables the parties to "have their day in court" without risking any of the consequences of failure. Moreover, it assists the parties to focus on the real issues, establishing areas of common ground and exploring realistic settlement options. In the case of civil and commercial disputes, the evolving solution is concluded by way of a Compromise Agreement or Consent Order. A workplace mediation will typically be concluded with the parties creating a joint action plan.
What is the current context?
The most common form of Alternative Dispute Resolution (ADR) involves the participation of a neutral mediator to assist the parties in the dispute to negotiate a settlement. It is a voluntary process that helps the parties to reach a binding agreement more effectively than by direct negotiation or by litigation and with less costs, less disruption to management time and often with better solutions. Mediation cannot guarantee a settlement, although the vast majority of disputes do settle either in the mediation or shortly afterwards.
What sort of disputes are suitable for mediation?
All kinds of disputes are eminently suitable for mediation. The significant advantage is confidentially. Almost any dispute is capable of being resolved by mediation.
When is mediation unsuitable?
◦ When a precedent is needed
◦ Where there is abuse or domestic violence
◦ When there is no dispute, eg debt collection
◦ When an injunction is needed
◦ Where there is no wish to settle, on the part of either or both parties.
At what stage should mediation be commenced?
At any time you wish, irrespective of whether or not proceedings have been issued at Court or at what stage the dispute or Court proceedings have been reached.
What is the best way to set up a mediation?
There are several ways to set up a mediation but we believe that the simplest way is to contact AMM by completing our contact form and full assistance will be given. The various steps are described in the section entitled Setting up a mediation.