Rohini Shah
- Senior Solicitor
Insights | Commercial Litigation
Let’s talk mediation
11 November 2021
This week, Anderson Strathern is proud to support International Mediation Awareness Week #IMAW. IMAW is a week of conferences with keynote speakers that aim to bring greater awareness to mediation as an alternative form of dispute resolution.
Almost all of us have experienced the discomfort that a dispute creates, whether it be at work or with family. Often the ‘wronged’ individual experiences a range of emotions including anger, resentment and frustration as part of the dispute. However, the other party may also be experiencing similar emotions.
If the emotions take over, it can become difficult to see the path forward, with each party becoming consumed with the need to blame each other, or ‘win’ against them. Our justice system naturally expects individuals to seek to resolve their disputes via the court process, where an issue must be ‘determined’ by a higher authority. But what if there was another way?
We believe there is a better approach, where you stay in control, and find a solution you can live with.
Our Mediation and Resolution service offers quick and personalised solutions for a variety of sectors, such as Construction; Retail and Hospitality; Telecommunications; Property; Employment; Education; and Local Authority. Our trained mediators aim to help you resolve your dispute in a way which is right for you.
Embracing possibility
There is simply not a ‘one size fits all’ solution to dispute resolution. Each party to a dispute is unique and needs to be heard. The role of a mediator is to be empathetic and to work with each party to understand their needs and interests.
As mediation is voluntary and party-led, you are in the driving seat in terms of the process and in deciding what your ‘resolution’ will look like. As mediation is a confidential process, parties can experience freedom to consider a greater variation of resolution options than might otherwise be available.
Most importantly, mediation can create solutions that may not be available through a standard court process. Your business or personal interests may hold greater weight, and be of greater importance to you. For example, often people find resolution in some form of recognition of error, or an apology. Mediation is flexible, meaning that resolution can encapsulate more than basic legal entitlement.
Focusing on the future
In a court process, a lawyer’s role is to investigate past events, providing evidence to a third party (the Judge) to make a decision on the facts before him. A mediators’ role recognises that while the past should be acknowledged, the most important part of a dispute is how you move forward from it. Rather than analysing the past, mediation focuses on the future.
Solutions for the real world
We understand the detrimental effect that disputes can have on productivity, staff morale and wellbeing. Protracted litigation is usually unwelcome, along with the expense and diversion of limited resources that often comes along with it. Mediation can be a faster, lower cost alternative to litigation. It can be possible to achieve resolution within one day and, as mediation is collaborative, parties feel empowered and part of the solution.
How can we help?
At Anderson Strathern, we have a team of qualified mediators who specialise in a variety of sectors and are on hand to assist you. If you think that mediation would be something you would like to explore, please get in touch.
You may also be interested in the following resources: