Mediation is the name given to a broad range of processes for assisting in the resolution of disputes without the delay, cost, anxiety and risks associated with asking a judge sitting in a court to determine the matter. Importantly the mediator can often help the parties reach a creative solution that no judge has the power to impose.
The key elements are:-
* An impartial person (the mediator) engages the parties in a series of confidential discussions, some being private with each party and others being joint.
* The mediator does not impose a solution on the parties, but by increasing knowledge of all parties as to what may happen if no agreement is reached, reducing misunderstandings, offering options and encouraging collaborative brainstorming, he assists them to come to their own solution.
* To encourage the making of offers and proposals. nothing said or offered in the discussions is in any way binding on a party unless a mutually acceptable solution is reached, in which event a binding agreement will be drawn up and signed.
* All discussions are confidential to the mediation and, further, nothing said in private discussion with a party alone can be revealed to the other party save with the express consent of the first party. This dual confidentiality allows people to be totally frank with the mediator without fear that what is said may be transmitted to the other party(ies) is a key factor that makes mediation so successful.
Mediation is especially suitable for resolving disputes between shareholders. These can be very damaging not just to the shareholders on a personal level but to the financial and trading well-being of the companies themselves. This is particularly so when the Board and shareholding is split evenly, thus often placing the company in a stalemate situation in which no one can make corporate decisions without the support of those with whom they are in dispute.
We assist directors and shareholders to resolve their disputes in a much faster and less costly fashion than by pursuing legal remedies through the courts and tribunals or simply arguing between themselves or, worse, not speaking to each other.
Importantly, as well as meetings and the telephone we can mediate wholly or partially online.