Blue Sky ADR regularly and very successfully assists parties in the Mediation process. The above is only a very brief outline of the Mediation process. If you have any queries or need further assistance, please contact us to find out what Blue Sky ADR can do for you.
What is Mediation?
Mediation is a consensual dispute resolution process where a dispute is resolved with the assistance of a Mediator.
Who can use Mediation?
Anyone can take part in the Mediation process, provided that the both parties to the dispute agree to use the consensual process.
What is the Mediation process?
- Mediation is a flexible process and the parties can tailor the mediation procedure to suit their own requirements
- Normally there is an initial joint session between the Mediator and all parties involved
- This is then followed by ‘break out’ sessions between the Mediator and the parties individually, and is usually concluded by a further joint session between the Mediator and all parties involved
- The normal practice in the UK is for a facilitative approach to be used by the Mediator — this means that the Mediator is not trying to carry out any evaluation of the dispute but is simply attempting to facilitate a resolution of the dispute by the parties themselves
What are the benefits of Mediation?
- The process to be followed can be agreed by the parties, and the process is confidential
- A resolution of the dispute can be based upon the parties’ needs rather than the parties’ legal rights
- A resolution of the dispute is not imposed upon the parties, but is reached by agreement between the parties
What does Mediation cost and can I recover those costs?
A Mediation is normally conducted over half a day or over a full day, therefore the costs of the Mediation process are relatively low. Normally each party is responsible for its own costs in the Mediation process irrespective of the outcome of the Mediation. Usually, the parties are equally responsible for the Mediator’s fees and expenses.