Mediation is a voluntary process of dispute resolution in which the parties work with a skilled neutral third party known as the mediator to resolve their disputes outside the court process.
Mediation stands squarely in the center of the dispute resolution regime. Courts in the UK expect parties to use mediation to resolve their disputes and a party who unreasonably refuses to use mediation may be penalised with an adverse costs award.
Mediation can be deployed without first issuing proceedings and anyone with a business dispute should seriously consider using mediation. It is quick and far less expensive then litigation.
The mediator’s role is to facilitate dialogue between the parties and to assist them to reach a resolution that meets their needs and interests and may even preserve a trading relationship. There is greater scope for finding an outside of the envelope solution than with court proceedings, where there can only be one winner and one loser, based on legal principles rather than commercial considerations.
In the international context, the Singapore Convention on Mediation enables disputing parties to use mediation to resolve their disputes knowing that an international settlement agreement arising from mediation will be recognized and will be enforceable in any of the signatory states to the Convention.
Details on AbbottDR fees can be found here
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