Mediation

What is mediation and how is it different from litigation?

Mediation runs in parallel with the litigated case, you do not have to decide at the outset which route to take.  The key difference between Mediation and a Court Trial is that in a Mediation the parties retain control over the outcome, rather than a Judge determining the outcome at Court.  At a Mediation all the parties to the dispute assemble with a view to exploring the issues in a managed and neutral setting. The Mediator acts a facilitator to find areas of agreement and narrow the issues. At a Mediation the parties are usually supported by their legal advisors so real-time advice can be provided, and fair compromises explored.  Through this structured, non-adversarial dialogue, parties are often able to reach voluntary settlements. Unlike a Judge, the Mediator has no decision-making power and if the parties cannot reach an agreement between themselves at the Mediation, the case will continue to Court in the normal way. Cases that settle at Mediation will save the parties significant sums in legal costs and can often achieve a more satisfying outcome than the black and white result provided by the Courts.