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How
does Disputes
Resolved
operate? |
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We
will, with your agreement, contact the other Parties with a view to
agreeing the best way to resolve the dispute. If agreement cannot
be reached, we will suggest mediation, unless already agreed.
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What
is Mediation? |
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Mediation
usually involves an informal meeting between the Parties and an accredited Mediator,
who assists the Parties in reaching agreement. Experience proves
that Mediation succeeds with more than seven out of ten disputes.
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How
does Mediation work? |
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A Mediation
meeting is conducted by a Mediator - someone who does not sit in judgment
but, with the co-operation of the Parties, looks for solutions.
No witnesses are called. Each Party hears what the other has to
say, then they go into separate rooms to consider ways forward.
They are assisted by the Mediator, who may carry information, make suggestions,
offer ideas, help with explanations and assist the Parties to find an
agreed way to resolve the dispute.
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What
if Mediation fails? |
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If
Mediation fails, we may still be able to assist the Parties to reach agreement.
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If
not? |
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The
final solution would be litigation or arbitration - going to Court - but
this may take months and may be very expensive for all concerned.
Even if one Party succeeds with their claim, they are unlikely to recover
all their costs, and they will have all the worry and inconvenience in
the meantime.
Furthermore, the Parties will have lost control of the outcome.
They will be bound by a Court judgment or arbitrator's award - which may
please neither Party.
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What
will Mediation cost? |
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We
have standard charges for small mediations. Fees for larger disputes
are by negotiation. It is usual for the Parties to share the cost,
but if a Party has legal insurance the insurer may pay. See our Fees & Conditions page.
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Where
would the Mediation meeting be held? |
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Somewhere
convenient for the Parties - they provide the venue.
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When? |
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As
soon as the Parties and Mediator can arrange it; weeks rather than
many months.
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Are
the Parties' legal rights to go to Court affected by Mediation? |
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No,
their legal rights are not affected. The Courts encourage Mediation.
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What
should the Parties do? |
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First,
consider if they can afford the worry, inconvenience and expenditure in
cost and time which not attempting to resolve the differences will
involve. If they can't, they should contact Disputes Resolved or complete the form
on this web site. We will get things going.
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