Consistently with our aversion to litigation, we offer professional Facilitative Mediation services as our preferred form of Alternative Dispute Resolution (ADR).
Mediation has a number of inherent advantages, including:
- COST-EFFICIENCY AND TIME-EFFICIENCY
Mediated disputes are typically resolved within a single informal meeting with relatively minimal expense.Settlement is best achieved when persons with authority to settle are present.
- PRIVACY AND CONFIDENTIALITY
Mediation is conducted in a private forum. Persons present, including the Mediator and those offering moral support, are required to sign a Confidentiality Agreement.
The Mediator is bound to maintain in strict confidence all information and disclosures made to him/her by any party whether in open session or in private session, except where disclosure may be compelled by law.
- WITHOUT PREJUDICE
The Mediation process is without prejudice and parties have the comfort and assurance that disclosures are private to that forum and cannot be raised or repeated in any other forum including any subsequent Court proceedings.
Mediation involves no judge or arbitrator but rather a neutral, impartial facilitator who assists the parties in coming to a settlement on their own terms.
The parties decide what is an acceptable solution and determine what is a fair settlement. It is completely subjective.
Although somewhat structured, mediation is not a rigid process. Creativity is encouraged. If desired, parties may attend with their lawyers and/ or persons providing moral support.
Mediation may take place at any stage of a dispute, including during litigation.
- INFORMAL PROCESS
Court procedures and rules of evidence have no place in a mediation forum where a more relaxed atmosphere is encouraged and where parties may proceed at their own pace.
The art of mediation is globally recognized and utilized as an increasingly popular and effective form of ADR.Mediation may be conducted in any country and at any location convenient to the parties.
- BINDING NATURE
Agreed terms of settlement, when signed by the parties, become contractually binding, and at the option of the parties, may be cemented by Court Order.
- FEES AND EXPENSES
The Mediatorís fees are relatively nominal, particularly when compared to the cost of litigation.