Dispute resolution is one of the most worrying challenges to face businesses. It is costly, time-consuming, disruptive and can be highly damaging to relationships. Mediation and Arbitration might provide alternative and more palatable ways of dealing with issues.
I have a qualification as an accredited Mediator from the Centre for Effective Dispute Resolution (CEDR), so I offer mediation sevices through Rich Futures. I am also continuing my qualification as an Arbitrator through the Chartered Institute for Arbitrators (CIArb). In the meantime, I may be able to help you access Arbitration services through other people. So, here are summaries you may find useful. If you would like to know more, please visit Contact us.
Mediation
Mediation is a voluntary, non-binding method of resolving disputes “without prejudice”. The mediator is specially trained to assist parties in settling disputes. The mediator’s role is to be an impartial, neutral catalyst who helps the parties arrive at a mutually agreed solution.
Mediation is flexible, fast and far less costly than litigation. It also has a high success rate with up to 80% of cases being settled. Small wonder that Civil Justice Rules require Courts to encourage disputants to start Court proceedings only as a last resort.
The Mediator has no power to impose a settlement on the parties, but simply uses influencing and facilitation skills to help broker a settlement which the parties reach themselves. The Mediator is chosen by both parties and usually has expertise relevant to the parties. The parties can have their existing legal advisors present at the mediation as they choose.
Mediation can be particularly helpful in cases where there has been a previous failure of negotiation between the parties, or a relationship has broken down due to lack of trust or polarised views. It can also allow for more creative, business solutions than are available from a Court.
Learn more about mediation at the Centre for Effective Dispute resolution – or the site for Alternative Dispute Resolution Group.
I now offer Mediation services as an accredited CEDR Mediator through Rich Futures. Sign up for news updates on the Contact us page.
Arbitration
Arbitration is a private process in which an independent tribunal is appointed to decide the outcome of a dispute between two or more parties. A tribunal can have one or more members. The independent tribunal is either agreed by the parties to the dispute or nominated by another body, such as Court or the Chartered Institute Of Arbitrators. The Arbitrator’s decision is final and binding unless successfully appealed to the Courts.
Arbitrators are generally chosen by the parties for their expertise in the matter to be decided. Arbitration can be a bit less expensive compared to litigation, because the Arbitrator has discretion to allow for less formality in the process so as to ensure a fair, cost effective and rapid outcome. For this reason, Arbitration can be quicker than litigation. The parties also have considerable say in the way the arbitration is to be conducted, which is provided for in the Arbitration Act 1996. Unlike litigation, Arbitration is a private process.
For all these reasons, like Mediation, Arbitration is increasingly seen as an attractive form of alternative dispute resolution, rather than litigating through the courts.
Find out more about Arbitration at the Chartered Institute of Arbitrators. I have already qualified as an Associate member of this Institute, and will offer Arbitration through Rich Futures when I complete the qualification. Sign up for news updates on the Contact us page.
Dispute resolution is one of the most worrying challenges to face businesses. It is costly, time-consuming, disruptive and can be highly damaging to relationships. Mediation and Arbitration might provide alternative and more palatable ways of dealing with issues.
I have a qualification as an accredited Mediator from the Centre for Effective Dispute Resolution (CEDR), so I offer mediation sevices through Rich Futures. I am also continuing my qualification as an Arbitrator through the Chartered Institute for Arbitrators (CIArb). In the meantime, I may be able to help you access Arbitration services through other people. So, here are summaries you may find useful. If you would like to know more, please visit Contact us.
Mediation
Mediation is a voluntary, non-binding method of resolving disputes “without prejudice”. The mediator is specially trained to assist parties in settling disputes. The mediator’s role is to be an impartial, neutral catalyst who helps the parties arrive at a mutually agreed solution.
Mediation is flexible, fast and far less costly than litigation. It also has a high success rate with up to 80% of cases being settled. Small wonder that Civil Justice Rules require Courts to encourage disputants to start Court proceedings only as a last resort.
The Mediator has no power to impose a settlement on the parties, but simply uses influencing and facilitation skills to help broker a settlement which the parties reach themselves. The Mediator is chosen by both parties and usually has expertise relevant to the parties. The parties can have their existing legal advisors present at the mediation as they choose.
Mediation can be particularly helpful in cases where there has been a previous failure of negotiation between the parties, or a relationship has broken down due to lack of trust or polarised views. It can also allow for more creative, business solutions than are available from a Court.
Learn more about mediation at the Centre for Effective Dispute resolution – or the site for Alternative Dispute Resolution Group.
I now offer Mediation services as an accredited CEDR Mediator through Rich Futures. Sign up for news updates on the Contact us page.
Arbitration
Arbitration is a private process in which an independent tribunal is appointed to decide the outcome of a dispute between two or more parties. A tribunal can have one or more members. The independent tribunal is either agreed by the parties to the dispute or nominated by another body, such as Court or the Chartered Institute Of Arbitrators. The Arbitrator’s decision is final and binding unless successfully appealed to the Courts.
Arbitrators are generally chosen by the parties for their expertise in the matter to be decided. Arbitration can be a bit less expensive compared to litigation, because the Arbitrator has discretion to allow for less formality in the process so as to ensure a fair, cost effective and rapid outcome. For this reason, Arbitration can be quicker than litigation. The parties also have considerable say in the way the arbitration is to be conducted, which is provided for in the Arbitration Act 1996. Unlike litigation, Arbitration is a private process.
For all these reasons, like Mediation, Arbitration is increasingly seen as an attractive form of alternative dispute resolution, rather than litigating through the courts.
Find out more about Arbitration at the Chartered Institute of Arbitrators. I have already qualified as an Associate member of this Institute, and will offer Arbitration through Rich Futures when I complete the qualification. Sign up for news updates on the Contact us page.