Throughout our lives, we are constantly subjected to
conflicts. Whether it’s with our loved ones or when at work, running into a
dispute isn’t an uncommon situation. However, while most conflicts are usually
settled quickly and easily by the parties involved, sometimes finding a
solution can prove to be more difficult than first thought.
Emotionally taxing scenarios, such as sorting out assets
during a divorce or navigating disputes at work that reach further than simply
someone using a colleagues work mug, can be tricky to navigate without the
proper help. Unfortunately, this can then lead to the conflict lasting much
longer than necessary and can, in turn, even exacerbate the issue.
Luckily, there are options available to those mired in a
dispute which can make tricky conflicts a little bit easier to resolve, with
one of the most effective being a process known as mediation. Utilised by
personal and commercial clients alike, a qualified mediator can be the catalyst
in forging a mutually beneficial agreement. However, what exactly is a
mediation service and how can it help you?
As experts in resolving legal disputes, the team at Hawley
and Rodgers have worked with countless clients looking to find an amicable
solution to conflicts, meaning we know a thing or two about quality mediation.
With this in mind, we’ve decided to put together this handy guide on the
process, looking at the various ways a mediation service could help you.
What exactly is mediation?
In layman’s terms, a mediation service is a process that
helps to resolve issues and sort differences between two opposing parties in an
unbiased and sympathetic way. Carried out by a qualified mediator, the process
will have the parties meet over a series of sessions, with the mediator
listening to both sides of the dispute and offering guidance and advice in
order to promote practical steps towards a resolution.
Mediation is commonly utilised by divorcing couples that
have reached an impasse in the process, with the most common disputes being
connected to shared assets, property or the custody of their children. However,
mediation can also be used in a commercial setting. Business disputes that
require mediation can range from minor gripes to much more serious accusations,
such as workplace bullying or harassment.
Mediation is a non-binding process, meaning that any
decisions made won’t need to be legally adhered to. This also gives a certain
amount of flexibility to both parties, making it a great preliminary step
before taking legal action.
A step by step process
While mediation services may differ depending on who may be
carrying them out, a typical process will usually cycle through the following
stages:
Initiating the process
To start with, you will need to set up the process, with the
consent of both parties. In a work environment, this can mean sitting down with those involved and explaining what
you are planning on doing with them to ensure that a resolution is made outside
of court.
On the other hand, if you’re looking to carry out a mediation
service for your separation, it can only go ahead if both parties agree to take
part. You cannot force your ex-partner to be involved in the process, however,
it could be in their best interest so is usually agreed to.
Working through the sessions
Once mediation has been agreed to, the process will then
usually begin with the qualified mediator welcoming and introducing the parties
to each other, along with their legal representatives if they are also present.
They will then outline the process and explain the various ground rules that
will be in place to ensure a courteous and unbiased meeting.
Once all parties are happy with how the process will be
conducted, the mediator will then ask for statements from any and all sides
involved in the dispute, giving them the opportunity to explain what they want
from the process and to argue their case.
While this can be an extremely emotional portion of the
proceedings, the mediator will ensure to remain completely neutral and will
then look to ask a series of clarifying questions to guarantee that everything is properly
understood. If need be, all statements and questions can be posed through the
mediator in order to minimise worsening the conflict.
Reaching a settlement
The parties will then meet with the mediator separately who
will then propose solutions, try out hypothetical scenarios and seek to bring
the conflict to a resolution. This will require the mediator to go back and
forth between each party until either a resolution is made organically or a final
agreement is put forward forward by the mediator.
When communication breaks down
Unfortunately, communication can completely breakdown during
a mediation service, leading to the sessions being cut short. If this happens,
it’s likely that you will need to take further steps in order to reach an end
to the dispute. The most common next step is take the dispute to court, where
it will be decided by the legal system.
This is usually done through a process known as arbitration.
Much like mediation, arbitration listens to both sides of the argument,
however, in direct contrast to the more informal mediation process, it is
binding, meaning that parties cannot take the dispute any further and will have
to live with the final result.
If you find that communication has broken down, it is
essential to enlist the help of a highly trained solicitor to act as your legal
representative in order to ensure you get the result that you deserve.
Understanding the benefits
One of the main benefits of going through with a mediation
process is that it helps to preserve an amicable relationship. Whether it’s a
commercial dispute or conflict during the divorce process, it’s always better
to keep proceedings courteous. Taking things further will inevitably lead to a
further breakdown in relations which could do much more harm than good in the
long run.
Another beneficial point to make is that mediation is the
cheaper and less time-consuming process in comparison to traditional
litigation. By taking your dispute through the courts, you will have to invest
in a legal representative and pay a litany of fees that may not be recuperated
if the decision doesn’t go your way. It could also take a substantial amount of
time to reach an agreement, taking up time and energy.
On the other hand, mediation is a much faster process, only
requiring a few meetings in a place of you and the other party’s choosing. This
invariably leads to a much cheaper bill at the end of the day. With this in
mind, if costs are an issue, mediation is definitely your best option.
Finally, mediation gives both parties much more autonomy
over the end result. With direct involvement in both the negotiating and final
resolution, parties can work to ensure that the best outcome is achieved,
unlike in court, where legally binding decisions can leave some much worse off.
Ensure you reach an amicable resolution with
Hawley and Rodgers
Mediation is definitely an important step towards reaching
an amicable resolution without the need to sit through stressful and
time-consuming legal procedures and risk a potentially costly outcome. While
much of our work helps those in need of legal representation, whether it be for
a familial issue or to aid in writing a will, the team at Hawley and Rodgers
understand the sheer importance of mediation as a vital stepping stone towards
ending disputes.
Because of this, our specialist mediators are on hand to
offer their services for commercial clients. Dispute resolution is an essential
component to running a successful business, as a harmonious workplace leads to
greater efficiency overall. If you’re finding that a conflict at work is
struggling to be resolved, our mediators are here to help.
Offering sympathetic and unbiased advice and support to
clients, our mediators can ensure that a positive compromise is reached and
relationships are preserved, all without needing to take further steps.
If you would like to learn more about how Hawley
and Rodgers can help with your commercial or employment disputes, why not give
us a call at one of our multiple branches. Or, if you have a specific query
regarding one of our professional legal services send us an email at:
enquiries@hawleyandrodgers.com
