Introduction to Mediation Principles
Mediation is a method used to settle disputes and is probably the most widely used, popular and successful ADR (Alternative Dispute Resolution) method. The generally accepted definition of a mediation is that it is a process of assisted negotiation in which an independent person, the mediator, assists parties to resolve their dispute and assists them to jointly decide the terms of their settlement agreement.
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Mediation Principles avoid Litigation
Mediation is an informal process with no strict rules of procedure. Instead the mediation principles of privacy, confidentiality and without prejudice negotiations are terms participants to a mediation agree to respect. In most cases mediation still remains a voluntary process in that nobody is forced into mediation although Mediation Information Assessment Meetings (MIAM’s) for parties petitioning for divorce is now compulsory (see family mediations).
Mediation is also generally a very speedy and cost effective way of settling a dispute. Whilst all disputes have different circumstances a general rule of thumb is that a one day mediation could total approximately 13 hours, 8 hours mediating time, plus several hours pre-mediation preparation time. The costs of the mediation are normally shared equally between the parties with mediators fees starting from as little as £20 per hour and with settlement rates of between 70% to 80%, mediation really does represent cost-effective value.
Mediation is private and confidential, speedy and cost effective process with a high settlement rate. What more could you want?