Mediation is a structured process during which a neutral third person assists those involved in disagreement or dispute to work towards finding a mutually acceptable agreement which empowers all parties taking part. It is a voluntary process.
Solicitors have of course always settled cases for their clients without mediation. However, mediation provides a process for those cases which have not settled for whatever reason.
It gets the relevant people - the parties themselves and their solicitors - in the same place at the same time and focusing on the same problem, not just on procedure. In litigation this does not usually happen until the door of the court just before the trial. Cases often do settle at the door of the court, but usually with the disadvantage that a substantial amount of time, energy and legal costs have been spent by all concerned.
The parties are able to get things off their chest without sabotaging the negotiation. Each party can say what they feel, but in a controlled environment.
The parties may feel that they have had their "day in court", that they have been listened to and understood, by the other side and by the mediator.
Once the mediator has established some trust with a party and his or her solicitor, that party can talk in confidence to the mediator about what they hope to achieve. A dispute may appear to be about money, but it may be that there are underlying issues. It might also be possible to include other ways of resolving it apart from the payment of money.
A party can get things out in the open before a neutral mediator in a confidential situation. The mediator does not pass on information to the other side unless specifically authorized to do so. The mediator may then be able to find ways for the other party to cater for the fears or concerns of the first party which might otherwise not be addressed at all.
The Best Family Mediation Service process encourages communication, identifies issues, explores options and assists mutual problem solving. This promotes positive relationships and increases participation between parties.
Increasing the involvement and understanding among the participants in the decision-making process, building trust and improving the quality of relationship can successfully address conflict and disagreements.
Mediation services Bristol is above all a negotiation. In any negotiation you want to persuade the other side that you have a strong case and that they should therefore settle with you on terms favorable to you. The parties and their solicitors should therefore prepare themselves for a negotiation. If a party is going to say for example that they suffered damage from alleged negligence, they should be prepared to produce whatever is necessary to persuade the other side of that, including perhaps a calculation of damages and supporting documents.