Contact your local Civil and Commercial mediator Cheltenham
Arriving at a civil agreement can be hard especially when the parties involved are not sure if the deal is fair.
Apart from family issues, mediation is an easy and quick way to solving disputes particularly in a business setting.
With the help of a well-trained and experienced commercial mediator Cheltenham, the process doesn’t have to be stressful or money and time-consuming.
Defining Commercial and Civil Mediation
Civil mediation is an alternative process to taking matters before a court of law. Unlike other forms of dispute resolutions, parties with the issue remain in control of the process while the mediator only plays an advisory role. In most cases, only one mediator is needed unlike in arbitrations and litigations where overseers are three or more. Mediation is cheap and takes a short time to reach an agreement.
Which Way? Arbitration, Litigation or Mediation
Depending on the level of dispute, one may not be sure which method of the three suits their situation. Litigation involves court procedures and a jury, who have the power to decide which party is at fault. These could take days, months or even years, depending on the complexity of the issue. It also requires a lot of money, especially when hiring experienced lawyers.
An arbitration process is almost similar to mediation in terms of how the process is carried. However, the process is more binding than in mediation. Each party hires an arbitrator, and then the arbitrators appoint a third arbitrator to create a balanced setting. There are cases where the parties can decide to choose one arbitrator, but the entire process still remains to be binding.
Mediation is not as binding as arbitration. Matters are handled in the most amicable way, leaving both parties satisfied.
One does not have to forward a matter before the jury if the issue can be resolved by mediation. As much as other court cases may begin with an arbitration process, it is still more expensive compared to hiring a mediator to help both parties get to the root of the matter.
The Mediation Process
When carrying out a mediation, there are a few steps to follow.
All disputes are caused by two parties having different views and expectations concerning a matter. The first step in mediation is getting both parties to air out their opinions. The mediator asks each party to present their case, paying more attention to expectations. These cases are documented in the briefest way possible. They are then presented before the mediator, or the parties exchange them under the supervision of a mediator. Any confidential matters are also presented before the mediator at this stage as well as the amount both parties are willing to offer for settlement.
Once all expectations and concerns are laid out in the open, all parties to be involved in the mediation process sign an agreement to mediate. The deal covers all signatories in regards to prejudice and confidentiality. Mediation fees are then paid per agreement but mostly before the actual meeting takes place.
A mediation meeting can take any agreement form. Most popular cases involve face-to-face meetings. However, thanks to the advancement in technology, mediation processes can also be handled via a call, skype, or any other teleconferencing option.
Once an agreement has been reached, parties are supposed to have the deal documented and signed as a mediation settlement agreement form. Where necessary, parties can be asked to have legal representatives present during the signing of the agreement or consult with them before wrapping it up.
There are cases where the mediation procedure takes more than one meeting. This will require the mediator to make follow-ups and have the parties reach an agreement within a few days. After the deal is done and settlements are made, a feedback form is drafted by both parties to formalize the resolution.
In other cases, a mediator may suggest for the party to draft a memorandum of understanding. This does away with other formal documents and allows for future follow-ups. MOUs should also be signed as a form of settlement.
Why Hire a Mediator Cheltenham?
Reaching out to a mediator is a hostile-free way of solving an issue. This mostly applies where parties trust that the problem can be handled between themselves instead of following a judicial process. Some of the benefits attached to having a mediator include: a less costly procedure, having a legal overseer who is not as fixed as a judicial system, time flexibility, and no legal delays. Mediators are most of the time attorneys experienced in handling such procedures, so it is like getting a judge who allows you to talk over the issue and reach a pleasant agreement, that works for both parties.
Why wait for months to get a commercial or civil dispute solved when you can call a mediator to get everything done in a few days? We are a team of experienced mediators, among the best in the UK, intending to help you reach a cost-effective agreement for you and your business. Contact us today for consultations and any other inquiries.