Mediation is an alternative dispute resolution process where parties to a dispute can negotiate a settlement to their dispute outside of court, usually to negate the need for time-consuming and costly litigation. Mediation occurs with the assistance of a trained mediator or lawyer, who assists the parties to reach a settlement. The settlement reached in a mediation is legally binding.
Parties tend to find mediation especially helpful as they have full control of the settlement that is reached; all parties have to agree to the settled position and thus it removes the winner/loser element that characterises most adversarial court proceedings. Parties can also tailor any settlement to meet the specifics of their dispute. This can mean a settlement can include items that a court cannot order, such as a public apology or a commitment to make a charitable donation.
Another aspect that parties find particularly beneficial is that mediation is an entirely ‘without prejudice process’ this means that it is private and confidential; nothing said by a party or any offer made or rejected by a party cannot be held against them if the process fails and court proceedings are to eventually occur. However, a court may make a negative inference if a party refuses to even attempt to mediate. (Courts are interested in the resolution of a matter as expediently as possible, so they actively encourage parties to attempt a settlement without a drawn out trial).
A mediation need not only be attempted before a matter goes to court. At any stage of a court proceeding before judgment, parties, if they are of an accord, can agree to suspend proceedings in order to attempt to mediate. If this sounds like it could be beneficial, Mercantile Barristers have experience in both mediating and advising parties in mediation.
Our approach to legal practice is always to articulate creative and value-adding solutions for clients whilst delivering timely, efficient, and affordable professional services. All clients conduct their affairs within a legal context, and Mercantile Barristers’ role is to advise on the conduct of their transactions and affairs in ways that avoid conflict and disputes.
Whether by adjudication, arbitration, or litigation, Mercantile Barristers members will adopt a firm, swift and decisive approach to achieve the best possible results for clients within the shortest time. We recognise that no two cases are the same, so we will adapt our style to suit the occasion.