ALTERNATIVE DISPUTE RESOLUTION AND MEDIATION
Whether you have built up your business worth for the purpose of sale, or are having to enter into a “stress sale” transaction, a range of ADR (alternative dispute resolution) solutions and advice on the best way to maximise (or minimise) the financial and other impacts on the dispute. Dispute Mediation is a process in which a neutral person with professional skills brings together disputing parties in order that they may work together to find solutions to their issues.
The process can happen without, before, during or after legal proceedings. The mediator does not act as a judge or arbitrator.
Mediation is entirely confidential, meaning parties can talk freely about what they really want any out of a settlement. Parties create outcomes that a court cannot order, which may be useful if they want or have to maintain business and personal relationships that might otherwise be affected by the tensions of litigation.
Mediation has a high success rate and may well be quicker, cheaper and more appropriate than resorting to the law, although it typically works better if the parties are supported by a lawyer.
The particular advantages of mediation are:
It is fast, cost effective and has a high success rate, because it cuts out the costs and risks of litigation and the emotional stress of such proceedings.
The process is voluntary.
The process is confidential and “without prejudice” – nothing said in a mediation can be used in litigation should the matter not settle.
Parties control the outcome. A Settlement Agreement has to be agreed between the parties and cannot be imposed.
The process is flexible; it can be tailored to suit the needs of the parties and can achieve solutions which are more creative than a court could order.
The mediator is impartial, independent and neutral, working equally for both parties, not being controlled by anyone and having no interest in the outcome.