Mediation is a quick, low cost approach to resolving a dispute, anything from a neighbour/boundary/building dispute to a multi million pound business deal, including contractual issues, personal injury, clinical negligence, education, employment issues and issues concerning the separation of couples.
It is now recommended by the Civil Courts as the first consideration rather than taking legal action. If mediation hasn't been considered - or has been delayed prior to legal action, this may affect the decision of the Judge regarding costs for the winning party, with several winning parties to date out of pocket as they refused to consider or delayed the process of mediation prior to legal action.
Up to 90% of mediations are successful, of the remaining 10%, many settle shortly afterwards
You do not need to use a solicitor to access a mediator, if you have already got a solicitor, solicitors are already aware of the requirement to consider mediation before litigation and they will be happy to work with you towards this process.
Sue Bayram is an experienced mediator who has undertaken training with and is a member of both the Family Mediators Association and The Academy of Experts (London). As a member, Sue sits on the Council of The Academy who provide training and support for mediators worldwide, and regularly advise government departments, the judiciary and allied organisations on matters regarding alternative dispute resolution generally for civil and commercial disputes.
Mediation is now increasingly used in employment issues, where managers see the benefit of using an independent mediator to resolves issues between individuals and/or staff and management
Mediation is also used to deal with personal and professional partnership breakdowns in terms of possessions and finances, and child contact and financial issues that arise when a couple decide to separate. Sue is able to work with couples who are finding it difficult to work through their issues on their own, further details regarding family mediation can be found by accessing the 'family mediation' section above left.
It is quite usual for a mediation to be arranged within 2 - 6 weeks or less of any enquiry being made, much quicker than going through the court process, and subsequently often much cheaper, as huge legal bills may be avoided, details of typical fees are available in the relevant section, above left.
Mediators are there to facilitate the process of mediation and not to make decisions. By asking pertinent questions, they work with the parties to try and ensure that the outcome is a win win situation for all involved. The parties remain in control at all times and the process is much more informal and flexible than going through the court system where there is no guaranteed outcome.
Although the process is voluntary, and the parties make the decisions, the outcome can be made into a legally binding agreement. Depending on which statistics you read, up to 90% of mediations are successful, of the remaining 10% many settle shortly afterwards.
There were 42 regional co-ordinators appointed nationally by Her Majesty's Court Services (HMCS) to co-ordinate the promotion of mediation as an alternative to court for National Mediation Awareness week in October of 2006. Sue was appointed for the Humberside Area which covers the Civil courts in Hull, Scunthorpe and Grimsby and the geographical area that they cover.
For more details of activities regarding mediation in the Humberside area and the possibility of a free, no obligation pre mediation meeting, please contact Sue directly.
Q I would like to use mediation to resolve a dispute I am involved in but the other party are not keen. Is there anything I can do to persuade them?
A I am able to send them some information, not just my own, but some independent information about the benefits of mediation. I can do this through you, or direct if you forward me their details.
It may be possible to arrange a short free no obligation meeting with yourself and those you are in a dispute with, please contact me for details.