ALTERNATIVE DISPUTE RESOLUTION

Mediation/Conciliation

PROCESS:

• The Mediator does not decide who is right and who is wrong, instead...
• The Mediator sets up and conducts a meeting to systematically identify, discuss and find solutions for the problems that each party has.
• If agreement is reached this is drawn up and signed as a contract between the parties.

ADVANTAGES:

• Each party gets their say.
• The process often only lasts one day.
• The emphasis is on solving the problems and moving on.
• The emphasis is on maintaining business relationships in the future.
• The process is confidential within the limitations of the law.

DISADVANTAGES:

• The process does not make a judgement on a party's evidence as proof of their contentions.
• If a party defaults on the agreement then this must be pursued in court as a breach of contract.

OTHER COMMENTS:

Mediation is popular, swift and relatively low cost. Opinions on Mediation are divided - some think it advantageous because it is non-adversarial and focuses on workable solutions, others are critical because it doesn't consider available evidence and makes no judgement on the justice of each party's case.

 

DISCLAIMER: Information on this website is offered as general information only; it explicitly does not comprise legal advice

 

 

 

 

 

 

 

 

 

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