Mediation Process

Preparation Action
You are involved in a business dispute and heading to court If winning in court is the aim, press on.
If finding agreement is the aim, stop and understand mediation.
Understand that mediation is the smarter choice Call me on 07900 552 108 to understand: benefits/advantages of mediation; the process, the need to estimate costs/benefits and ranges of outcome from alternative approaches. Mediation vs Litigation
Conclude and next steps.
Check whether you are now ready to achieve a good outcome from mediation Work on meeting preconditions for achieving a successful outcome (both parties willing etc). Ready for Mediation?
Choose the right mediator Professionally credible, consider whether specialist subject knowledge required, personality of mediator (approachable, caring, versatile) = you feel you are in good hands. Why choose Embrace?
Prepare for mediation Prepare written mediation submission; organise proof; do your homework (strengths and weaknesses of both sides); agree timing & venue; formalise arrangements & check any other preconditions. (PDF Download)

 

Outcome  Action
Mediation has happened - agreement successfully reached Record heads of agreement in legally binding document.
Mediation has happened - failed to reach agreement on the day Decision on whether extending the time in mediation is likely to find agreement, or conclude that the courts must decide rights and wrongs.
Agree on timing of further mediation day, or prepare for court action Decision on whether extending the time in mediation is likely to find agreement, or conclude that the courts must decide rights and wrongs.
After mediation concluded Assess the conduct of the mediation process.

 

Get in touch today

David Fatkin

David Fatkin ACA

Accredited Civil and Commercial Mediator
Registered Civil Mediation Council
Member of Institute of Chartered Accountants in England and Wales
Member of Lancaster Chamber of Commerce
Associate Ampios Management Partners Limited

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