Chartered Quantity Surveyors : Project Managers : CDM Co-Ordinators
based in Gwynedd, North Wales, UK

Mediation:

A quick overview

What is Mediation?

It is a flexible, effective and fast method of resolving conflicts and disputes – whether business or personal.

It is a voluntary, non-binding and without prejudice process.

How does mediation work?

Using negotiation techniques, I can assist to bring disputing parties together to settle their issues, usually ending up with the parties agreeing to either a binding or non-binding settlement agreement.

Mediation can be tailored to the parties’ individual needs and gives them control over the process and importantly, the outcome! Other methods of dispute resolution take control away from the parties. Also, unlike other dispute resolution methods the parties are not bound by a set process and strict deadlines.

If the parties decide on a binding agreement process, this can be enforced, simply and quickly by the courts, should the need arise.

Because of the flexibility of the mediation process, the parties are free to terminate the proceedings at any time if one of them is dissatisfied with how it is developing. (I have never had this happen as I have always managed to convince people to stay with the process to the end).

Ian Wyn Williams - Director

Ian Williams
FRICS, FCIArb, DipArb, FInstCPD
Accredited Mediator

Click here to e-mail Ian to request a copy of his latest CV

ian.williams@adventpm.co.uk

Why is Mediation better than going to court?

The court system is adversarial and usually leads to a ‘winner takes all’ outcome. This usually leads to a judgement or decision that is based on a mere balance of probabilities. There is little room for compromise and at least one of the parties may be left with a feeling that justice has not been done. Mediation avoids this problem since the parties are in charge of the process – as your Mediator, I merely guide the parties through the process.

Why is Mediation better than adjudication or arbitration?

For almost the same reasons as the court system, Decisions (in adjudication) or Awards (in Arbitration) mean that a third party has decided the outcome of the dispute. In Mediation, the parties decide the outcome. Mediation also wins over other forms of dispute resolution because it is quicker and highly flexible and there is no reliance upon or any need to comply with strict regulations or any Acts of Parliament.

When can I use Mediation?

You can use mediation at any stage during a dispute. The earlier you request me to mediate the better as the parties’ positions are not entrenched and costs have not yet escalated.

What types of dispute can be mediated?

Any types of conflicts or disputes can be mediated (so long as the parties agree to participate). Typical examples of issues that can be mediated are:

Contractual disputes
General building / construction disputes
Partnership or Directors disputes
Valuation of settlement figure
Landlord & Tenant
Employer / Employee disputes
Contactor v Sub-Contractor
Professional Negligence
Insurance claims
Probate issues
Trademark infringements
Stress claims
Faith – related mediations
Financial

Boundary / neighbour disputes
Property owner(s) v House building contractor (defects)
Supplier / Product Liability
Personal Injury claims
Intellectual Property
Clinical negligence
Aviation – related
Transportation - related
Discrimination / dismissal issues
Foreign trade / export
Sport (transfers/injuries, etc)
Shareholder
Redundancy issues
Maritime

I can offer bilingual (English/Welsh) mediations.

Please note that I do not undertake family dispute or marriage counselling mediations.

How successful is Mediation?

There are various statistics being banded about – but generally you can expect mediation success rates to be in the region of 75% to 85%. However, these statistics do not include those mediations which settle after the mediation day when the parties have had more time to reflect and consider the consequence of not reaching agreement and there is a real possibility of the dispute ending up in front of a Judge and the realisation of the potential escalation in costs if this happens.

How do I start the Mediation process?

You can suggest Mediation to the party or parties that you are in conflict with. Suggest it in such a way that it is not an ultimatum as mediation is entirely voluntary. If you like, I can approach the other party or parties on your behalf to invite them to mediate with you.

Once all parties have agreed to mediate, I will issue my terms and conditions for acting as mediator and the parties and myself agree a date and venue for the mediation. There will be a need for refreshments throughout the day so best to choose a venue that can provide food and drink and appropriate conveniences and parking facilities and a selection of private meeting rooms that can be used by the individual parties when not in joint session.
Usually, the mediation is conducted within one day. Very infrequently or for more complex cases, the mediation may extend to 2 or 3 days but this is rare.

What happens if a party refuses to mediate?

The courts are increasingly expecting litigants to attempt mediation before bringing their dispute to court. If a party refuses to mediate, this could result in a cost penalty being imposed by the court against the refusing party.

Can you help me commence the mediation?

Of course! Telephone me on 01248 679 266. Alternatively, I’m happy to speak to your solicitor if you have one.

Ian Williams – Accredited Mediator

Further information – please see my slideshow below for a re-cap of why you should mediate your disputes, or click here for our Mediation articles.

Click the black arrow to start the presentation, then scroll through the presentation by clicking to the right of each slide (to go back, simply click to the left of the slide)

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