Mediation & Arbitration Explained ...
Introduction
Using Mediation or Arbitration to resolve disputes normally results in getting to a resolution far quicker than relying on the traditional court procedure; allowing you to achieve closure with reduced stress. Both Mediations and Arbitrations are agreed on dates and timescales that suit the Parties.
Parties have an opportunity to select or influence the appointment of an appropriate neutral party and can exercise greater control over costs.
Huw can provide either an in person or virtual Mediation or Arbitration service.
Please feel free to contact Huw for an informal no obligation discussion.
What's Mediation?
A Mediation is a fairly informal process whereby a third neutral person seeks to help the Parties to agree a mutually acceptable settlement. Mediation enables the Parties to work together for a common objective and the solutions are limitless.
Mediation is also confidential, everything Parties say in the Mediation stays in the Mediation; this enables everyone to have a frank and open conversation with the Mediator, to bounce ideas and test possible solutions. The Mediator will only share information that disclosing Party wants to be shared with the receiving Party.
The Mediator is there to help, not to pass judgement or favour one Party the others cost. It’s a voluntary process and the Parties are free to finish and leave the Mediation at any time if they choose to do so.
As Mediation is normally the first resolution step it is often used early in the process, which means that excessive costs can be avoided and business, workplace or family relationships can be preserved.
What’s an Arbitration?
The Arbitrator’s award (decision) is final and legally enforceable, it can also include a determination as to whether one Party should pay the other Party’s expenses.
The Parties decide on the procedural rules an Arbitration. An Arbitration is confidential and is held in private, only the arbitral award will be referred to; should there be a need for enforcement purposes.
Arbitrations can take place anywhere and there are several organisations who can offer venues which are very much like courtrooms to host the Arbitration.