- Why use mediation?
Commercial mediation helps you take control of the situation and work out a pragmatic and acceptable solution that takes account of all your particular concerns. Solutions arrived at through commercial mediation are usually found more quickly and less expensively than solutions reached through solicitors or by way of court proceedings.
It is voluntary, confidential and non-binding unless and until the parties reach an agreed settlement.
It is quick (most mediations are settled within a day), flexible and inexpensive AND it works – we find that more than 80% of mediations are successful.
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- How does it work?
Mediators do not take sides or tell you what to do. Prior to the mediation the mediator will usually speak to each side to find out the background to the disagreement and check whether people are willing to mediate and explain the mediation agreement, which you will be asked to sign.
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 discussing the available options in confidence and helping to build a co-operative atmosphere in which a solution to the dispute can be found.
Mediations can take anything from 2 hours to several days for difficult cases but the vast majority are normally completed within a single day. 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 their legal advisor's will be able to take steps to terminate any litigation.
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- Why should I use South West Mediation?
South West Mediation was founded in 2003 by John Loram and Vicki Lewis. They were already both experienced mediators and they recognised that mediation was fast becoming the mainstream method of helping people resolve their personal conflicts. Accordingly they felt that people looking for a mediation service wanted one where the mediators were specialists and worked to the highest professional standards. The majority of our mediators are trained both in law and in mediation to national standards.
South West Mediation now have offices in Exeter, Plymouth, Taunton,Torquay, Yeovil, Wells, Newton Abbot, Torquay, Bodmin and St Austell. However we can arrange a venue for your mediation anywhere in the South West..
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- Who are the mediators?
The mediators are experienced neutral professionals trained in negotiation and independent of the parties to the dispute. They help you to communicate in a confidential, safe and constructive environment working with you on what both sides need to negotiate a settlement. Mediators are facilitators between the parties in dispute and will help you to understand the other person’s perspective, with a view to resolving your issues quickly and affordable.
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- Is mediation always appropriate?
Settling disputes in court can be time consuming, inflexible and expensive. Although sometimes litigation is the only way– for many disputes mediation is a quick (most mediations are settled within a day), flexible and inexpensive alternative. More and more people are using mediation to settle a very wide range of complex disputes.
If you are interested in finding out more about commercial mediation, please contact us for a chat or an initial exploratory meeting. This meeting is totally free and without any obligation to take mediation of your dispute further.
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- Is mediation quick?
Yes, mediations can take anything from a couple of hours to several days for the most difficult disputes but the vast majority are completed within a single day.
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- What’s the difference between mediation and arbitration?
An arbitrator listens to the various arguments of the parties and makes a decision on a case that is usually binding upon the parties"> a mediator does not. In mediation it is the parties themselves that work out a solution to the dispute which they are happy with, putting the parties in control.
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- If we mediate, what will actually happen?
Prior to the mediation the mediator will usually speak to each side to find out the background to the disagreement and check whether people are willing to mediate and explain the mediation agreement, which which you will be asked to sign.
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 discussing the available options in confidence and helping to build a co-operative atmosphere in which a solution to the dispute can be found.
Mediations can take anything from 2 hours to several days for difficult cases but the vast majority are normally completed within a single day. 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 their legal advisors will be able to take steps to terminate any litigation.
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- What can I gain by going to mediation rather than litigation?
Mediation offers a unique opportunity to create solutions to problems and settlements to disputes. The process treats all parties involved, regardless of size, equally. It is completely confidential meaning that, unlike court proceedings, the dispute can be resolved without controversy and publicity. Because it is the parties themselves that decide the outcome they are in control not an outside decision maker.
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- Can I bring a friend along for support?
Mediation is confidential and private. If both parties agree and if it will assist the process then friends, union reps or even family members can accompany you to mediation. Other than that, the parties are required not to discuss the case with anyone but their legal advisors. The mediator does not keep records. The only document will be the outcome statement or mediation agreement.
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- How long does it take?
Mediations can take anything from a couple of hours to several days for the most difficult disputes but the vast majority are completed within a single day.
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- Do I need a solicitor if I choose to mediate?
Although mediators can put your case within a legal framework, they do not and are not allowed to give you legal advice. It may be that the dispute is already in the hands of solicitors and litigation has started in which case solicitors will almost certainly be involved in the mediation. In any event you are encouraged to get advice from a solicitor so that you can make informed decisions. Your solicitor will give you an idea of the best and worst possible case scenarios were the matter to be dealt with by a Judge in court. Also, once you have reached a mediated settlement, you will probably want a solicitor to check your proposals and turn them into a binding agreement and will certainly do so if you want the agreement to be in the form of a directly enforceable court order.
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- Do you have disabled/wheelchair access?
We have no disabled/wheelchair access at our Exeter, Torquay or Plymouth offices but we can make alternative arrangements if you let us know your needs. Our Taunton office has offices on the ground floor but again we would suggest that you let us know your needs so that we can help you assess whether it may be more appropriate for us to make alternative arrangements.
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- Is there parking available nearby?
In Exeter and Torquay, we are very near the centre of town and there are car parks close to where we are situated. In Plymouth there is a free 2 hour parking zone outside the building where we have our offices. In Taunton, there is a public car park immediately opposite our offices and there is also free parking in nearby The Avenue for up to 2 hours.
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- How much will mediation cost?
You can find details of our charges by clicking ‘Mediation Fees’ on the menu bar.
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