Clare Arthurs & Richard Marshall share an (almost) A-Z guide to mediation
Attendees
Who should attend? They need to know the issues in dispute, the commercial objectives, and have the authority to settle.
Be realistic
You should come to the mediation with some idea of what you might be prepared to agree. If you are only prepared to settle on the basis that your whole claim will be satisfied and nothing else, you should question whether you are in fact ready to mediate.
Costs
Compared to litigation (and, increasingly, arbitration), mediation is a cost-effective way of resolving a dispute.
Devil’s advocate
Part of the mediator’s role is to challenge each party’s position and ensure they are in touch with its commercial reality, as viewed by an objective outsider.
Effective
Most mediators claim that more than 70% of mediations succeed on the day, with further settling post mediation.
Flexible
Mediation gives the parties the opportunity to choose the process, and to make wide-ranging agreements with a wider range of remedies than might be available at court.
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