Understanding Mediation and Mediation Rules
Mediation, also known as conciliation in many parts of the world, has a long successful history of resolving commercial disputes. In the commercial world, interest has increased sharply in recent years. In part, this is as a result of dissatisfaction with the cost, delays and length of litigation. The growth of interest
has also been fuelled in the United Kingdom by the 'Jackson Reforms', particularly, its appeal as a procedure that offers parties full control over both the process and access to justice at proportionate cost.
Mediation is first and foremost a non-binding procedure. This means that, even though parties have agreed to submit a dispute to mediation, they are not obliged to continue with the mediation process after the first meeting. The parties always remain in control of the mediation. The on-going process depends on their continuing agreement to move forward. The non-binding nature of mediation means that a decision cannot be imposed on the parties. In order for any settlement to be finalised the parties must voluntarily agree to accept it. Unlike a judge or an arbitrator, therefore, the mediator is not a decision-maker. The role of the mediator is to assist the parties in settling their dispute.
Mediation is an attractive alternative where either or both of the parties wish to:
Mediation can be used at any stage of a dispute. It can be chosen as the first step towards seeking a resolution of the dispute after any negotiations conducted by the parties have failed. Mediation can also be used at any time during litigation or arbitration where the parties wish to interrupt the litigation or arbitration to explore the possibility of settlement.
Mediation can be an informal procedure in which continued participation in the process, as well as the acceptance of any outcome, depends on each party's
agreement. Rules therefore, have a more limited function in mediation than in binding arbitration but can make the mediation process more straightforward for parties to understand the core values. Each step can support the parties in moving towards the end goal of resolving the dispute and knowing that they have a clear support mechanism to follow. By agreeing to submit a dispute to Prime Dispute, the parties adopt the Prime Dispute Mediation Rules as part of their agreement to mediate. Those Rules have the following main functions:
Notes to Editor:
August 2017 Prime Dispute launches 'Prime Dispute Mediation Rules' for dispute resolution http://www.primedispute.com/authority.html
Find out more information regarding 'Model Contract Clauses' : http://www.primedispute.com/contract-clauses.html
'Prime Dispute' launched "Entrepreneurs Accelerator" : Advice, insights, profiles and guides for established and aspiring entrepreneurs http://www.primedispute.com/entrepreneurs-accelerator.html .
Prime Dispute provides three levels of membership Designations for the world. Come and join our community: Join Now.
Prime Dispute Fellows' can also train 33 Industry sectors in 'Dispute Avoidance & Resolution': http://www.primedispute.com/consultants.html .
The implications of going directly to Court and what may happen: http://www.primedispute.com/overview-of-litigation.html *.
The available mechanisms which can help resolve your dispute: http://www.primedispute.com/different-types-of-mechanisms.html *.
The vision and mission for Prime Dispute : http://www.primedispute.com/our-vision--mission.html *.
Monthly e-Industry newsletter available via the LinkedIn group: LinkedIn.
*please use the links to share the message
About Prime Dispute:
Prime Dispute is a global organisation; which provides over 4 decades of dispute resolution experience; developing innovative solutions for commercial disputes; in a wide range of industry sectors. Our mission is to ‘Increase the awareness of dispute avoidance/resolution mechanisms and ensure clients avoid the unnecessary costs of litigation’ www.primedispute.com
Join Our Membership Today!
Mediation, also known as conciliation in many parts of the world, has a long successful history of resolving commercial disputes. In the commercial world, interest has increased sharply in recent years. In part, this is as a result of dissatisfaction with the cost, delays and length of litigation. The growth of interest
has also been fuelled in the United Kingdom by the 'Jackson Reforms', particularly, its appeal as a procedure that offers parties full control over both the process and access to justice at proportionate cost.
Mediation is first and foremost a non-binding procedure. This means that, even though parties have agreed to submit a dispute to mediation, they are not obliged to continue with the mediation process after the first meeting. The parties always remain in control of the mediation. The on-going process depends on their continuing agreement to move forward. The non-binding nature of mediation means that a decision cannot be imposed on the parties. In order for any settlement to be finalised the parties must voluntarily agree to accept it. Unlike a judge or an arbitrator, therefore, the mediator is not a decision-maker. The role of the mediator is to assist the parties in settling their dispute.
Mediation is an attractive alternative where either or both of the parties wish to:
- minimise the cost-exposure entailed in settling the dispute;
- have control over the dispute-settlement process;
- achieve a clear, concise and speedy settlement;
- ensure confidentiality concerning the dispute; and/or
- commit t to preserving business relationship between the parties to the dispute.
Mediation can be used at any stage of a dispute. It can be chosen as the first step towards seeking a resolution of the dispute after any negotiations conducted by the parties have failed. Mediation can also be used at any time during litigation or arbitration where the parties wish to interrupt the litigation or arbitration to explore the possibility of settlement.
Mediation can be an informal procedure in which continued participation in the process, as well as the acceptance of any outcome, depends on each party's
agreement. Rules therefore, have a more limited function in mediation than in binding arbitration but can make the mediation process more straightforward for parties to understand the core values. Each step can support the parties in moving towards the end goal of resolving the dispute and knowing that they have a clear support mechanism to follow. By agreeing to submit a dispute to Prime Dispute, the parties adopt the Prime Dispute Mediation Rules as part of their agreement to mediate. Those Rules have the following main functions:
- They establish the remit of the procedure;
- They define the way in which the mediator will be appointed (Article 2);
- They guide the parties as to the way in which the mediation can be commenced and how the process can be established (Articles 2 - 8);
- They provide the parties with assurances about the confidentiality of the process and the disclosures made during the process (Articles 10);
- They set out the way in which the mediator's fees will be determined (Article 12); and
- They support the 'Business Ethics and Conflict of Interest Policy' all mediators appointed need to abide by (Article 15).
Notes to Editor:
August 2017 Prime Dispute launches 'Prime Dispute Mediation Rules' for dispute resolution http://www.primedispute.com/authority.html
Find out more information regarding 'Model Contract Clauses' : http://www.primedispute.com/contract-clauses.html
'Prime Dispute' launched "Entrepreneurs Accelerator" : Advice, insights, profiles and guides for established and aspiring entrepreneurs http://www.primedispute.com/entrepreneurs-accelerator.html .
Prime Dispute provides three levels of membership Designations for the world. Come and join our community: Join Now.
Prime Dispute Fellows' can also train 33 Industry sectors in 'Dispute Avoidance & Resolution': http://www.primedispute.com/consultants.html .
The implications of going directly to Court and what may happen: http://www.primedispute.com/overview-of-litigation.html *.
The available mechanisms which can help resolve your dispute: http://www.primedispute.com/different-types-of-mechanisms.html *.
The vision and mission for Prime Dispute : http://www.primedispute.com/our-vision--mission.html *.
Monthly e-Industry newsletter available via the LinkedIn group: LinkedIn.
*please use the links to share the message
About Prime Dispute:
Prime Dispute is a global organisation; which provides over 4 decades of dispute resolution experience; developing innovative solutions for commercial disputes; in a wide range of industry sectors. Our mission is to ‘Increase the awareness of dispute avoidance/resolution mechanisms and ensure clients avoid the unnecessary costs of litigation’ www.primedispute.com
Join Our Membership Today!
