Mediation is a process whereby the parties to a dispute attempt to resolve it by negotiation. They go to a settlement meeting, and, as well as the parties, there is a mediator present. His role is to help the parties come to a compromise.
The mediator will often be skilled both in the general area of law or business which covers the dispute, and also in conducting mediations. His job is to explore which issues divide the parties, as well as areas of common ground. He will want to know the sorts of outcome which the two parties would find acceptable, so he can discover if there is any overlap.
Mediation is sometimes described as an exercise in sharing pain, and part of the mediator's role is to probe the parties' positions, to challenge their views, to twist arms, and to drive through a settlement which neither party would have to accept if they had things all their own way.
In the end, it is often better for the parties to agree to a compromise which is something they can live with, for the alternative is to incur the expense of carrying on with the litigation, and to hand the decision to a complete stranger, the judge, to decide. Law reports are full of cases which should never have been won or never been lost, and the unpredictable nature of the trial process makes going through it a risky prospect, and one which many parties decide to avoid.
We are able to arrange mediation in almost any sort of case, and have long experience of achieving good outcomes for our clients.