Mediation is a form of Alternative Dispute Resolution; that is a way to resolve a dispute other than relying on a judge. Mediation is confidential and without prejudice. this provides a safe space for parties to explore a mutually beneficial resolution to a dispute without disrupting their legal claims. Mediation can be an incredibly powerful process, providing parties with certainty and helping to renew a relationship that may once have been seen as irretrievably lost.
As a trained mediator I help the parties understand their position to empower them to see the benefit of reaching agreement to resolve a dispute. I have a vast knowledge of rural issues from my own direct experience of growing up on a farm and from my experience of assisting farming businesses and families
It is said that mediation only works when people want to settle a dispute. I don't agree with this opinion. All that mediation requires of an individual is an ability to listen and consider. From that listening and thought an individual is able to step back and understand their position and that of the other party. It is listening and thought which leads to a solution which works, not an overriding desire to settle.
Mediation can take place in person or virtually. As a process, it is highly flexible and can accommodate multiple parties. For more information download my factsheet below. To discuss any requirements you may have for me to be a mediator, formally in a dispute or informally to avoid one then get in touch.
Arbitration is a form of alternative dispute resolution (ADR) where two or more parties in a dispute agree to submit their conflict to one or more neutral third parties, called arbitrators, for a binding decision. Instead of going to court, the parties choose arbitration to resolve their issue privately and often more quickly.
Much like in Court, the arbitrator reviews the evidence, hears arguments, and then makes a decision that the parties must adhere to, which is generally enforceable by law. The decision reached in arbitration, known as an "award," is usually final, with limited opportunities for appeal. The process is typically less formal than a trial and can be faster and more cost-effective.
Arbitration is commonly used in commercial disputes, and it may be mandatory if specified in a contract. However, there does not have to be an underlying contract for parties to use arbitration as a means of resolving a dispute.
Court proceedings are public whereas arbitration is for the most part confidential. What is more even if an arbitration is in process, the parties can still seek to use other non-court based methods to resolve their dispute.
If you would like to discuss any arbitration requirements you might have then do get in contact with me.
A Guide to Mediation (pdf)
DownloadIt can be hard to understand what assistance you or your business might need. If you are at all unsure then just give me a call, or drop me a message using the contact form.