Mediation is a form of alternative dispute resolution (ADR). It is a confidential process by which parties to a dispute meet on a “without prejudice” basis in an attempt to resolve their disputes and claims. Mediation can either be a voluntary process conducted by parties prior to comment of litigation, or Court ordered in all jurisdictions. In all mediations, an independent Mediator is appointed to assist the parties in coming to settlement. Mediation is now part of the formal Court process in all jurisdictions and has a very high success rate in resolving disputes.
The benefits of mediation are that if settlement can be achieved, the parties themselves have a say in the outcome rather than a third party such as a Court or Tribunal imposing an outcome that may not be to the benefit of any party. Further, mediation can save the parties significant costs and delay in completing a legal process. We encourage our clients to use ADR to resolve all disputes due to the cost savings, the avoidance of delay and that parties that settle at mediation have some degree of control over the outcome of their dispute. There are other forms of alternative dispute resolution by which parties to a dispute can work towards settlement using methods other than traditional court or Tribunal processes. For example, parties can use Arbitration by use of an appointed independent expert to determine a dispute. Such alternative dispute resolution encourages our clients to be actively involved in their matter including having a proactive role in settlement where possible.
We use alternative dispute resolution in a variety of matters including (but not limited to) partnership disputes, building and construction disputes and commercial disputes. The solicitors at Williams Winter recognise their clients need for timely settlement of disputes. Mediation reduces the stress involved in court proceedings and reduces legal and other costs of litigation, such as parties have to take time off work or from business.
Our solicitors can assist you in:
- personal injury matters
- multi-party commercial cases
- contract cases
- family law matters
- disputes over wills and
- debt recovery matters