Commercial Mediation Frequently Asked Questions

1. What is Mediation?

   Mediation is a process whereby an impartial third party or parties (the mediator or mediators) facilitates the resolution of a dispute between people. The mediator is impartial and the process is confidential, and is voluntary, so both parties have to want to sort out things in this way.

2. Who are the mediators?

   The mediators are highly trained and experienced professionals in dispute resolution, who work for an organisation, which is independent of either of the parties to the dispute. They help you to communicate in a confidential, safe and friendly environment with a view to helping you sort things out.

   Communication skills are the main tools of the mediator’s trade, and their professional training and experience helps hold the balance of power between people in dispute, regardless of their background.

   Mediators come from a host of different professional backgrounds, for example, some may be lawyers or surveyors or business people, but they are all trained by and members of professional mediation organisations. They do not take sides. They are facilitators between the parties in dispute and help you to understand the other person’s perspective, with a view to resolving your issues quickly and affordably.

3. What are the mediation stages?

   
   

   Focus Commercial Mediation will ask a mediator or two mediators to work on a mediation.

   The mediator/s will speak to each party beforehand to find out the background to the disagreement and check whether people are willing to mediate and sort things out.

   There are different ways of mediating. Some people do not wish to meet at all and some wish to have a face to face discussion. Usually a substantial part of the mediation will take place with the parties in separate rooms, with the mediators going between them. If wanted people can be brought together. This can help rebuild relationships after a dispute is sorted out.

   Mediations can take anything from 2 hours to several days for difficult cases. We will normally try and complete the mediation within one day, but individual cases vary, and this will be discussed with you prior to mediation starting.

   You will be provided with a mediation agreement, which will be explained to you and which you will be asked to sign to denote your commitment to the process.

   At the end of the mediation the parties agree with the mediator what the summary of the outcome will say, and with whom it will be shared. Both parties will sign it and your legal advisors will be able to take steps to terminate any litigation. Some aspects of the mediation outcome may remain confidential by agreement between the parties and the mediators.

   Mediation is confidential and private. If both parties agree, then friends, legal advisors, union reps or even family members can accompany you to mediation, if this will assist the process, but other than that, the parties are required not to discuss the case with anyone.

   The mediator does not keep records. The only document will be the outcome statement or mediation agreement, which you will be given a copy of. That outcome statement together with internal file management information will be returned to the office of Focus Commercial Mediation for storage for 6 years, after which it will be confidentially destroyed.

4. What does mediation cost?

   The length of time taken & the number & experience of the mediators affect costs, so does venue, travel and other variables. You will be given a quote in advance & if this is acceptable, payment for the mediation is make upfront. Mediation is a fraction of the cost of other dispute resolution processes including litigation and lawyers negotiations.