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The Base
Dartford Business Park
Dartford
Kent
DA1 5FS
Directions: Please click the tab 'Book a MIAM or Mediation'

Email: info@cmds.org.uk

01322 314 820

Latest News

EU Commission has launched a public consultation on mediation in the EU. Deadline is 11 December 2015.

Thought for the day

'Any fact facing us is not as important as our attitude toward it, for that determines our success or failure. The way you think about a fact may defeat you before you ever do anything about it.' Norman Vincent Peale

Mediation is a process in which two or more parties to a dispute come together in the presence of an independent Mediator with the aim of finding a solution to their dispute that is acceptable to the parties.

 

The Mediator guides the discussion and may ask questions to test the parties understanding of their own and the other side’s position.  However the mediator does not take sides or make any decisions on behalf of the parties, the final agreement is always under the control of the parties. Mediations usually take the form of an initial joint meeting with the parties and mediator at which the mediator introduces the process and the parties have an opportunity to set out their understanding of the position.  There will then typically be a series of private meetings between the mediator and the parties individually at which the mediator will explore the issues between the parties and help them identify mutually acceptable solutions.

Why mediate?
Mediation is a totally confidential process, any information divulged during mediation cannot be used in subsequent legal proceedings should agreement not be reached.  It can be entered into at any stage of a dispute, either before or after the issue of legal proceedings.  The mediation meeting is less formal than a court hearing and can be adapted to the individual needs of the parties.  Usually, resolving a case at mediation results in substantial time and costs savings compared to settling after protracted negotiations or proceeding to a trial.

Mediation can be used in any case where the parties are prepared to negotiate.  There is no right or wrong time to mediate though considering mediation at an early stage in a dispute often leads to the greatest savings in terms of time and costs.

  “In so many cases, the best time to mediate is before the litigation begins.  It is not a sign of weakness to suggest it.  It is the hallmark of commonsense.  Mediation is a perfectly proper adjunct to litigation.  The skills are now well developed.  The results are astonishingly good.  Try it more often”  (Lord Justice Ward, Egan  Motor Services Ltd {2007} EWCA Civ 1002)

 

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