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Mediation – An Overview

December 2nd, 2011 No Comments   Posted in Mediation

Mediation is a process that deals with resolving problems, one of the main aims is to come up with alternative resolution which all the parties involved are happy with. Mediationallows people to keep their problem out of court which can save time and money. It is a very private affair. Mediation can be used in a wide range of disputes from divorce, child maintenance, debts and in the workplace.

The mediation process will involve a trained mediator who works with the parties involved in the dispute to come up with a result which they are all happy with. If the parties involved have a great deal of ill feeling toward each other, it is up to the mediator to try and get the parties back on civil terms. This can require a great deal of skill and sensitivity in some cases. A mediator will not take sides or make their own opinions on the situation but will encourage each party to make compromises in order to come to a final decision.

There are usually 5 stages of mediation;
The initial meeting
Meeting with the other party for the first time
Joint mediation
Conclusion
Post mediation

The mediation process is a lot quicker than going through the courts, family matters regarding children will normally take 1-3 sessions and matters involving money will take around 4-6.

There are many advantages to mediation. One of the main advantages is that it puts the end result in the hands of the people involved, instead of leaving the final decision to a judge. This means that both parties can gain something from mediation. Another benefit of mediation is that nothing discussed during the process can be used in evidence if a decision is not made and they decide to go to court, unlike if they had been using solicitors, anything said could be used against them. There is usually a much more free dialogue in mediation and both parties can talk about the result they want without fear of it being used against them. The mediation process is also a lot less stressful than going through court. Court can often end up being aggressive and result in relationships being irreversibly broken, where as with mediation, it can be possible to retain a civil relationship after the process.

Unlike court, it is possible to work out exactly how much the mediation process will cost. In the first mediation meeting a number of sessions should be discussed and the overall cost of each session should be secured. This means that the mediation process cuts out the fear of unexpected legal fees which can sometimes amount to thousands of pounds. Mediation sessions cost from 150-1200 depending on the dispute. Mediators normally work on a sliding scale so if you have a low income you may be charged less.

I am a legal writer covering advice on topics of law, including the mediation process, for further text and similar works visit mediation or contact a solicitor today.

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