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Mediation
tAKING THE FIRST STEP CAN BE THE MOST DIFFICULT.

Mediation differs from nearly every other form of dispute resolution because it is non-confrontational. There does not have to be a winner and a loser – both parties can end up as winners because the mediator can help them come to an agreement where they both get some benefit. Unlike litigation or arbitration, the process is not adversarial. It is not necessary to prove that one party is at fault.

The most difficult part of the mediation process is to get people to accept that mediation can be an effective way to resolve their dispute. Most disputes tend to be very personal and some people want their day in court, whatever the cost. Although it may be very natural to want to prove the other party is wrong, the cost of going to court can be prohibitive. Mediation is a much more positive way of finding common ground on which parties can agree and finding the best resolution for both parties.


How does mediation work?
Once both parties have agreed to mediation, the mediator will talk to both parties separately. The mediator will not disclose any information to the other side without permission. The mediator will work towards guiding the parties to a settlement which can then be set down in the form of a binding agreement. Until that time is reached either party can withdrawn from the process.

What are the 4 Models of Mediation ?

  • Evaluative mediation
Evaluative mediation concentrates on providing the parties with an evaluation of their case and directing them toward settlement. During the evaluative mediation process, the mediator will express a view on what might be a fair or reasonable settlement. The Evaluative mediator has somewhat of an advisory role in that they evaluate the strengths and weaknesses of each side's argument and makes some predictions about what would happen should they go to court. Facilitative and transformative mediators do not evaluate arguments or direct the parties to a particular settlement.

  • Facilitative mediation​
Facilitative mediators typically do not evaluate a case or direct the parties to a particular settlement.The Facilitative mediator facilitates the conversation. During a facilitative mediation session the parties in dispute control both what will be discussed and how their issues will be resolved. Unlike the transformative mediator, the facilitative mediator is focused on helping the parties find a resolution to their dispute. The facilitative mediator provides a structure and agenda for the discussion.

  • ​Transformative mediation
Transformative mediation is a much less structured approach that focuses on interpersonal processes (empowerment and recognition). A transformative mediator aims to empower the parties involved to make their own decisions and take their own actions. The parties are very much in charge of both the content and the process, and the mediator works to support both as their conflict unfolds and their relationship changes and strengthens. This is an process which is responsive to the parties needs.
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  • Narrative mediation
The narrative mediation approach encourages the conflicting parties to tell their personal "story" of the conflict and reach resolution through a understanding of the context of their individual stories. Narrative mediation advocates changing the way we speak about conflicts. In objectifying the conflict narrative, parties become less attached to the problem and more creative in seeking solutions. By telling stories of events and by giving meaning to these events the parties construct their own reality. 

How are mediators appointed?

It is possible for the parties to agree a mediator. Although it is not essential that the mediator is expert in the subject matter of dispute, sometimes the parties are happier if the mediator is familiar with the subject matter of the dispute. Contact us to provide you with Prime mediators who can advice, represent or act on your cases.

How much will mediation cost?

There are no set costs and the fee scale can be negotiated with the mediator or our Case Officers can agree them with our mediators if you have a set budget. Normally the parties to a mediation will pay half the mediators fees and pay their own costs.

What are the advantages of mediation?

  • Disputes can be resolved quickly – sometimes in a day;
  • Mediation is not an adversarial process and there does not have to be a ‘winner’ or ‘loser’;
  • Perfect where there is an on-going business relationship which the parties wish to maintain;
  • Details of the settlement are confidential to the parties;
  • Mediation is significantly less expensive than litigation;
  • A voluntary process – either party can withdraw at any time;
  • Nothing is binding until an agreement is reached. This can then be drawn up as a binding contract;
  • ​Many disputes which are settled by mediation can be settled in a day. Imagine how much time and money this will save compared with a protracted dispute through the court.​

Our panels consist of mediators from all sectors. Contact us for names or either local or international mediators.

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Speak to a Mediator

It’s vital that all parties are entirely comfortable with the choice of mediator. That’s why we encourage people to liaise with our mediators during the selection process. Our Case Officers can put you in touch with a mediator or arrange for any of our mediators to contact you if you would find this helpful. Contact Us
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Our purpose / Helping industry create a more prosperous and conflict free working world.

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