What Is Mediation?
In mediation, each side to a dispute has a chance to put their case and to hear what the other side has to say. At RESOLVE, our trained mediators help both parties reach an agreement as to how a dispute should be settled. To get the most of our telephone mediation sessions, we require both parties to be able to compromise from their initial position.
What Does It Involve?
You will talk to one of our mediators who have been specifically trained to help people settle their disputes. It is important to understand that a mediator is not a judge. He or she will not take sides or decide who is right or who is wrong. They cannot give advice.
In order to fully concentrate during a telephone appointment we ask that both parties ensure that they are free from any interruptions and possible distractions. The time set aside for the appointment will be approximately 2 hours depending on the complexity of your disputes.
However, the mediator and parties may decide that more time is needed to facilitate an agreement. Further time is charged at an agreed rate.
Before the date of the telephone appointment, you should try to be prepared.
You want our mediator and the other party to understand your case. Decide on the best way of explaining your position. We advise that you make a list of the strengths and weaknesses of your case and, if you can, the strengths and weaknesses of the other sides case. We can then ask that both parties forward a copy of their position statement before the telephone mediation begins.
Please remember that the mediation will be looking for solutions which are in your best interest. The mediator will not tell you what your rights are. Mediation is also not a substitute for legal advice. If you need legal advice, and are not legally represented at the mediation, try to take it before the day fixed for the appointment.
What happens at the telephone mediation appointment?
In usual circumstances the mediator will phone one party first, he or she will briefly explain what the process is about and how the mediation is to be conducted. You will be given the chance to tell the mediator what your case is about and what you are looking for. The mediator will already have a copy of your position statement, therefore, be brief. Remember that the mediator is not a Judge.
Within the sessions, try to work with the mediator to find a solution. Be frank. What you say is confidential; you may know something that will help the mediator in talking to the other side.
After the first session, the mediator will phone the other party to conduct the same task. These are private sessions and the mediator will not tell the other side what he or she has been told unless given permission to do so. However, the mediator will be looking for solutions to problems and will be interested in what each side needs.
When the mediator is with the other side, use your time. Think about what has to be discussed.
If an agreement is not reached, both parties are free to litigate with their claims. However, please remember that the negotiations and any terms of settlement proposed during the mediation appointment are confidential and cannot be repeated during any forthcoming legal action.
Even if the mediation does not end with an agreement between the two sides, we believe you will find it helpful and you will understand the other’s point of view more clearly. You can always try to settle the case at a later date and we trust this will refocus your attention to the benefits of resolution.
A 2 hour telephone mediation is charged at £250.00 per party and any additional hours are charged at the reduced rate of £100.00 per party. CBC charges cover the mediator’s preparation, telephone time and drafting the memorandum of terms at the end of the session.
To view our Terms & Conditions click here