Unlike the often protracted, very costly and highly stressful process of litigation where, ultimately someone else will make a binding decision that you have no influence over, mediation is a highly cost-effective solution which allows you to keep full control over the dispute along with the terms and disclosure of any settlement. It is you that decides the outcome.
“Parties who negotiate their own settlement agreements feel more empowered and are happier with the outcome than those who, through litigation, have the outcome forced upon them.”
Another important advantage mediation has over litigation is that it allows you to explore all your options without prejudice.
The foundation for successful mediation requires you to be acceptant of the mediation process. It is a structured means to resolving your dispute.
At its heart, the process of mediation is unique in that no two disputes are or ever will be the same. It is a short sharp period of intensely focused negotiation that is respectful, voluntary, flexible as well as being completely neutral and confidential.
Collectively you need to accept mediation as a process, the Mediation Agreement Terms and Conditions, the Practicalities, i.e. time, place, fees, representation, etc. and by choosing myself as your mediator.
Agreement of these basic practicalities allows the mediation process to begin.
“Don’t be under the impression that it’s a soft option, a loss of face, a sign of weakness or a show of hand to the other party.”
“It is challenging, can and often is draining, it can be brutal with reality checking and is an intense period of discussion, concentration and negotiation.”
Mediation humanises the dispute, it focuses on your interests not your issues, issues are not for mediation.
Focusing on the interests introduces reality and perspective. Mediation is dynamic and creative. It often presents options that, unlike litigation, maintains existing relationships.
All notes, documentation, etc. are securely shredded at the end of the mediation.