Chris makin-Mediation

Forensic & Expert Witness E Mag

Winter 2014 Issue

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Why risk costs of court proceedings when mediation be the solution..........

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Expo 2015 Show Issue Chris Makin

Chris Makin

Features on Mediation

Mediation works because it helps

M

ediation works because it helps the parties to resolve even the most complex disputes in a practical way. It addresses their interests and needs, without the risks and costs of court proceedings.

The parties achieve their own solution, without an imposed decision.

Mediation has three distinct characteristics: It is consensual.

The mediator does not impose any settlement; the parties decide when an agreement can be reached, and decide the nature of that agreement.

It is private and confidential.

Nothing said at a mediation can be quoted later, not even in court should the mediation fail. Thus the parties are encouraged to state their true needs in private discussion with the mediator, who can subtly use that knowledge to seek common ground with the other party.

It focuses not on rights and liabilities, but on needs and interests.

Awareness of rights leads to entrenched positions which can be resolved only by the unsatisfactory process of a full trial at court, whereas looking at the needs and interests means getting away from past difficulties and concentrating on what the parties really need for the future.

Chartered Accountant. Accredited Civil Mediator. Accredited Expert Determiner

Mediation works because it helps

The advantages of Mediation include: Flexible timing

– A mediation can be held at any time acceptable to the parties, and is not dependent on court listings

Flexible location – It can be held anywhere acceptable to the parties, so long as two or three rooms are available for confidential discussions

Less disruptive to relationships

– After a court case, the parties may never speak again, and never do business together.

With mediation, doing business together may even be part of the solution the parties reach, and mediation often rebuilds relationships, whereas litigation destroys them.

Reduced costs

– Mediation is usually far, far cheaper than a trial.

Lawyers not essential – though often invaluable. But a party can represent himself, with or without a friend or colleague.

David & Goliath meet as equals

– because at a mediation, there is usually just one representative on each side, plus their advisers; but since heavy costs are not incurred, Goliath (the large commercial enterprise or public authority) cannot use his financial muscle to bully David (little Joe Public).

In this feature, Chris Makin describes how a mediation is arranged, what happens on the day, how much it costs, and what else you need to know to achieve a solution to your or your client's problems.