Mediation Services

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What is mediation?

Mediation is a new dispute resolution process. It is totally confidential and the parties involved are lead by a neutral mediator to reach a mutually acceptable solution to the dispute. Mediation is neither negotiation nor arbitration but an entirely new process.

Why should you choose mediation?

Mediation is:

What happens in the process?

A mediation agreement is prepared and signed by all parties to the dispute, this is followed by an initial visit to each party by the mediator to gather initial information and is followed by the actual mediation session. The session, at a neutral venue, follows an agenda designed to allow an agreement to be drafted. The mediator is not an arbitrator and cannot compel either party to accept any agreement that he may formulate. Discussions always concentrate on building an agreement that is acceptable to all parties and is both fair and equitable. The complete mediation process is carried out on a confidential and ``without prejudice'' basis and the function of the mediator is not to reach a judgement but to enable the reaching of agreement. This requires that all the parties want to achieve a solution to the concern.

An agreement is drafted by the mediator during the session and signed by the parties involved. The agreement also allows all parties to proceed with a normal business relationship. The agreement constitutes a contract, is full and final, becomes binding on the signatories and prevents any further legal action. The mediation process is designed to provide a swift end to proceedings in a very commercial manner.

What if you don't like the result?

Starting the mediation process is not a sign of weakness but a sign of commercial common sense. There is no compulsion on any party to formulate or sign any agreement and any party may leave at any time. If no agreement is reached then the parties are free to take their next course of action and to resolve the dispute through legal action. Neither the mediator nor any documents produced by him can be called upon in any subsequent proceedings for either party and there is no benefit to the mediator in not reaching an agreement. The mediator is completely impartial and there is no benefit in terms of future fees to the mediator if no agreement is reached.

Does mediation work?

Mediation works by focusing on the solution of the concern rather than on the actual legal process. Mediation has such a high success rate and is so cost effective that it is now recommended as being suitable for legal aid for a wide variety of disputes from commercial through to marriage and domestic.

Cost:

Mediation services are offered by Tangram as a joint venture with Michael Rigby Associates. Cost details are available from either Tangram Technology or Michael Rigby Associates.