Lincs Law

Mediation

Against a background of increasing Court, Tribunal and litigation costs, many people are considering Mediation as a way of resolving their employment and commercial disputes. Mediation is an important form of alternative dispute resolution (ADR). In other words, it is one of the mechanisms that can be used by the parties to a dispute to avoid or conclude litigation (court proceedings).

Mediation can usefully be defined as "a confidential, non-binding yet structured process that involves the intervention of an acceptable, independent and impartial third party (the mediator) who has no authoritative or decision-making power but who assists the parties in a dispute to reach a mutually acceptable settlement".

Certain key principles are contained in this definition and to some degree these differentiate Mediation from other forms of dispute resolution. Mediation is:

  1. confidential;
  2. not restrictive (i.e.: in relation to any further legal proceedings or actions);
  3. not derived or based on legislation;
  4. voluntary;
  5. a process where the decision-making authority always rests with the parties themselves

Mediation is usually a cheaper, quicker and less stressful process than litigation through the Courts or Tribunals. Lincoln based LincsLaw Solicitors offers a full range of services dealing with employment and workplace Mediation as well as civil and commercial Mediation. These services include both acting as the Mediator or alternatively acting for one party in a Mediation.

Employment and workplace Mediation is often of benefit where relationships between employees has broken down or where the employee and employer are struggling with their relationship. It can and should be considered as a possible way of assisting to resolve disputes where a formal grievance has been raised by an employee.

Civil and commercial Mediation covers businesses and individuals who are in dispute about a wide range of matters such as the sale & supply of goods and or services; commercial contracts; construction & building issues; property rights (including intellectual property matters); false or misleading trade descriptions; community and neighbour disputes; negligence claims and personal injury claims.

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