Mediation

Mediation is a process in which a neutral third party, called a mediator, enables those in dispute to communicate better with one another and in so doing to negotiate their own mutually acceptable agreement.

Claritas specialises in mediating disputes in the following areas:

The benefits of mediation include:

Time and Money: While a mediator may charge hourly fees comparable to that of a solicitor, the mediation process generally takes hours rather than months or years. This results in less overall costs and delays. Mediation can take place immediately once parties agree to participate.

Confidentiality: While court hearings are public, mediation remains strictly confidential. This can enable parties to be more open, preserve reputations and in some cases create the conditions for mutually beneficial relationships to be restored.

Flexibility: Mediation increases the control the parties have over the resolution. In litigation the judge or jury control the outcome. Often, a judge or jury cannot legally provide solutions as flexible and creative as those that emerge in mediation. The mediator helps parties to think ‘outside of the box’ for possible solutions to a dispute which produces a broader range of creative options. Thus, mediation is more likely to produce a result that is mutually agreeable and more flexible to the needs of the parties.

Sustainability: Mediated agreements are reached by the parties voluntarily working together, assisted by a mediator, in joint sessions or in caucus and are therefore mutually agreeable. Sustained compliance with the mediated agreement is thus usually high. This further reduces costs, because the parties do not have to employ a solicitor to force compliance with the agreement. Where required and agreed however, the mediated agreement can be made fully enforceable in a court of law.

Mutuality: In most cases parties who are willing to mediate are almost by definition also ready to “move” their position. With the assistance of the mediator they are amenable to understanding the other party’s side and work on underlying issues to the dispute. In some cases this has the added benefit of often preserving the relationship the parties had prior to the dispute.

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