2 Minute Guide to

Mediation

Case StudiesWe are a specialist centre of mediation excellence established in 1999. Our expert, accredited mediators provide a discreet, professional service helping to resolve countless civil, commercial and family disputes.

Call us on 01908 410509 or email us

info@focus-mediation.co.uk

Effective Dispute Resolution

FOCUSmediation

We cover: Buckinghamshire, Bedfordshire, Hertfordshire, Oxfordshire, London and the Thames Valley areas.

Call us on 01908 410 509 www.focus-mediation.co.ukwww.focus-mediation.co.uk

Focus Mediation Ltd, Gloucester House, 399 Silbury Boulevard, Central Milton Keynes, MK9 2AH

Mediation Q & A

Top Tips for Effective Mediation

Advantages of Mediation

Disadvantages of Mediation

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Why Use Focus Mediation?

Expert team of mediators from a range of professional backgrounds ensuring you benefit from the right mediator for your case.

CMC registered, highly trained mediators

Clear and transparent pricing with no unexpected or hidden costs.

An excellent track record of resolving disputes with a high success rate.

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The dispute was resolved in one day with the older siblings paying a lump sum to their younger sibling’s son. This was not an outcome a court could have imposed but it suited this family.

Two had excluded the youngest sister from their late mother’s life and she had been cut out of the will, she believed after their mother had lost capacity.

The builder extending a property submitted a bill considerably in excess of the original quote because of numerous additional requests. The householder refused to pay so the builder refused to finish the job.

They were both angry but agreed to mediate to try and resolve the stalemate. After two sessions they had agreed on a mutually agreeable figure that the householder would pay before the builder completed the extension.

Contracted with the Legal Aid Agency

Why should I mediate? How

does it work?

Will it work for

us?

A dispute between three siblings after the death of their mother.

A commercial dispute over a housing extension.

Q&A

5 Top Tips Mediation

Call us on 01908 410 509 www.focus-mediation.co.ukwww.focus-mediation.co.uk

Mediation should start as soon as possible but it is never too late to mediate.

When Should we Mediate?

It is flexible according to your circumstances. It can take one session or a series of meetings with all parties present or in separate rooms, with or without legal representation.

Usually family mediation takes place as a series of short sessions without lawyers. The One Day Family model needs laywers to attend. Civil mediation usually takes a day, with or without lawyers.

The process starts with the parties telling their history of the dispute and the mediator then works through the issues impartially with an aim of reaching a settlement that the parties would rather live with, than fight over.

Select an experienced Mediator who is accredited with a track record of successful mediations.

Ensure that all parties are present, fully informed and have authority to resolve the dispute.

Be prepared. Mediation material should be complete and available in advance.

Be willing to accept that new information and/or developments may arise. Be open to ideas. Mediated solutions may be more varied.

Be prepared to listen, but also be ready to clarify and explain your position. Also try focus on the problem, not on the people associated with it.

How Does the Process Work?

Yes it does. You don’t have to agree because the focus is on getting a settlement not deciding who is “right”.

Those who have used mediation say they wish they’d tried it sooner and that it saved time, money and stress.

Does Mediation Work if we Cannot Agree?

Because it takes a holistic approach to the dispute and doesn’t focus on the ‘evidence’. It looks at what is important to the parties so that a suitable agreement can be reached. It may not be what a Court would have imposed, but it is right for the parties involved.

Why does Mediation Work?

Dispute resolution is not just about the law, it is about people’s beliefs and feelings which the law does not address but mediation can.

A lawyer’s remit is often too narrow to resolve disputes – they can only sift evidence and then make a case according to defined legal parameters and then advise accordingly.

A mediator can delve into the emotional and psychological drivers of conflict and provide an opportunity for parties to explore feelings and understandings then reach a mutually beneficial resolution.

Mediation is more responsive and flexible than litigation and is more likely to achieve an agreement that all parties accept in a reasonable time-frame and at proportionate cost.

The Courts vs Mediation

Clear Control - Parties have an equal say in the process and decide settlement terms, not the mediator. There’s no determination of guilt or innocence in the process.

Saves time and money – It is quicker than going through the Courts, and costs a lot less.

Avoids litigation - Lengthy litigation can be avoided as well as the uncertainty of a judicial outcome.

Fosters cooperation and better communication The process engenders a problem solving approach and provides a neutral setting for parties to discuss their views on the underlying issues.

Discover real issues - Parties share information, which can lead to a better understanding of issues affecting the situation.

Design your own solution – Parties reach a voluntary, mutually beneficial resolution. Helps resolve underlying issues important to the parties.

Stressful - It can be an intense, emotional experience that is often stressful.

Voluntary - All parties must be willing to mediate.

Clear Control - Mediator has no power to force anyone to do anything

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Disadvantages of Mediation

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Advantages of Mediation

It is never too early or too late to mediate.