WHY MEDIATION?

OUR AIM IS TO ACHIEVE A WIN/WIN RESULT FOR ALL PARTIES.

WHAT IS MEDIATION?

Mediation is a process of dispute resolution which enables the parties to the dispute to air their concerns in a neutral environment in the presence of a trained and experienced independent mediator.

WHAT IS THE AIM OF MEDIATION?

The aim of mediation is for the parties to the dispute to agree upon a positive means of resolving any conflict between them. Ultimately the hope is to end the day with an agreement that serves the needs and expectations of both parties.

WHY USE MEDIATION?

Mediation is useful in situations where the parties do not wish to incur the time or costs involved in instructing lawyers and commencing a legal process. Mediation enables the parties to come to an agreement as to how the dispute can be resolved with the least disruption to the parties’ relationship be it business or personal.

IS MEDIATION APPROPRIATE IN A COMMERCIAL DISPUTE?

There are two main types of mediation. Inter- personal mediation and Commercial mediation. Inter personal mediation is used for disputes between people, such as in marriage breakdown, employment disputes (when the employee is still working for the employer) or disputes between landlord and tenants.

Commercial Mediation is appropriate when there are contracts in place, partnership agreements, functioning business relationships and other such matters, which may have a legal basis and will therefore require more complex consideration.

IS IT AN ALTERNATIVE TO LITIGATION?

Mediation can be used as an alternative to litigation, as a precursor to litigation or even during a litigation process. Internationally, Courts of Justice are increasingly referring parties to a dispute to mediation at early stages of litigation. Mediation has proven to be successful in enabling the parties to resolve their dispute far more cost effectively and efficiently than through legal process.

IS THE FINAL DECISION BINDING?

In commercial mediation, once an agreement is reached this will be drawn up by the parties or their lawyers into a contract, which the parties will both sign. This will be binding on the parties and a breach of that agreement can then be considered by a court should this be necessary.

In our experience, once the parties have gone through the mediation process and participated in creating an agreement that they both feel happy with, they do not tend to breach the agreement. Furthermore, most parties have learnt new methods of effective communication during the process and are able to then navigate themselves through the terms of the new agreement.

HOW MEDIATION WORKS

THE ROLE OF THE MEDIATOR

Although our mediator has legal experience she is not attending the mediation in an advisory role. The mediator will facilitate positive discussion with a view to the parties reaching an agreed settlement.

The mediator cannot provide either party with legal advice but may be able to pause proceedings if matters arise which the parties need legal advice upon. In this respect the mediator acts as a guide through the process.

The mediator will remain neutral and independent throughout the process but will communicate offers and proposals on behalf of the parties as required.

WHAT DOES MEDIATION ENTAIL?

If parties to a dispute wish to attempt a mediation to resolve their conflict they should first agree upon and jointly instruct a mediator.

The mediator will write to both parties and provide them with information about who they are and what experience they have. In order to ensure neutrality and independence the parties should declare any connection with the mediator. Likewise the mediator should not agree to mediate if they are connected with either of the parties in any way.
If the parties are in agreement that the mediator is neutral and independent they will be asked to enter into a mediation agreement with the mediator. Each party will agree to pay the mediator’s costs on a 50/50 basis. The mediator is to be paid in advance of the mediation.
The mediator may ask the parties to provide a summary of their position in written format within an agreed time frame. A date and venue will be set for the mediation.
The parties can be accompanied by a lawyer, or colleague or other representative at the mediation however the mediator will require details of any additional person attending in advance so that arrangements can be made to accommodate the same.
The mediation will take place in a neutral venue and unless the matter is particularly complex will be timetabled to take place for 1 day between agreed hours.
Each party will be given a room to be in and prepare during the mediation. A third room will be where the mediator sits and where the parties come together. The mediation costs will be inclusive of room hire where this is necessary and the mediator will be responsible for logistical arrangements.
Each party will have the opportunity to present their summary of their case and then each party will retire to their respective rooms.
The mediator will then see each party in turn and begin to discuss resolution.
If any positive proposals for resolution are made, the mediator will communicate these to the other side but only with the offering parties express permission to do so.
The process is entirely voluntary which means the parties are free to leave the process at any time. Refunds will not be given however.
When a positive agreement is reached the mediator will discuss with the parties the agreed terms and these will be documented. If necessary, it will then be for the parties to either instruct lawyers to draw up a legal agreement or if they feel comfortable the parties can agree the agreement between themselves.

BENEFITS OF MEDIATION

Mediation is an alternative to instigating legal proceedings. Legal proceedings can be costly, time consuming and can divide the parties more than they initially intended. Once legal proceedings have commenced the parties are bound to strict court timetabling and can be penalized in costs orders if they detract from the timetable or fail to meet the agreed deadlines.

Through mediation the parties keep control of the process. They can determine the amount of time that is spent on attempting to resolve the issue and can walk away from the process if they feel it is not working.

The parties make their own representations in mediation, rather than using a third party, and can therefore often speak from the heart and explain their feelings and emotions in a much more effective and productive manner. This is as true for commercial mediation (where emotions still come into play) as it is of inter personal mediation.

OUR MEDIATOR

FIONA YOUNG

Fiona Young is English qualified solicitor with over 16 years of litigation experience in the field of commercial disputes, construction, insurance, professional negligence and employment. She trained as an inter personal mediator with UK Mediation in June 2014 and went on to obtain her certificate in Commercial Mediation in November 2015.

Fiona is currently studying a Post Graduate Diploma in International Commercial Arbitration at the University of Queen Mary London.

Having extensive experience of court proceedings both in the UK and in Gibraltar and witnessing first hand the cost, time and impact on the participants, Fiona has become passionate about assisting parties with alternative dispute resolution by methods of positive and direct communication.

CONTACT US

FIONA YOUNG MEDIATION

Please use the form below to contact us or call us NOW on: 0035 05401 7849