Mediation to the RescueVee Bharakda

18 January 2016

Did you know that mediation can be traced back thousands of years, as far back as Ancient Greece?

It was attributed to a philosophical movement that aimed to make people think about their relationships with others.

Today, the roots of mediation remain the same and concentrating on how those relationships can move forward is still at the heart of the profession, making mediation a very effective way to resolve disputes in business.

Many people are concerned with the cost element that can be involved in a business dispute. They can also be time consuming and quite possibly have a devastating effect on the performance and profitability of the business. This is where mediation can help.

Not only can it be a way to resolve issues as quickly as possible, but mediation is also seen to result in a positive psychological impact.

What’s more, it allows the business owner to focus on the business rather than be embroiled in a lengthy litigation battle which can result in its demise and it’s one of the reasons I always advise my clients to seek a way forward through mediation for a successful outcome rather than to instigate legal proceedings.

What is mediation and when do you need it?

Mediation is a voluntary process. It involves an independent person, a mediator, who is appointed to help amicably resolve a problem between two or more parties outside of court. Mediators are qualified personnel who can work with companies or individuals to find a solution. You might find they will ask questions to help uncover the underlying issues, clarify those issues and make clear the options of resolution.

The process is carried out in a strictly confidential environment.

Mediation is best used if those involved want to find a way forward and can prove to be a much more cost-effective solution in circumstances where the cost of litigation will be disproportionate to the claim.

A typical mediation process

I am the neutral third person and my job is to work out a solution for all parties to have a successful outcome.

There is no authority to impose a decision and nothing will be decided unless both parties agree. This reduces the tension and also knowing that you are still free to instigate legal proceedings is key to any mediation. What’s more, some mediation processes relating to personal issues or work related matters can be resolved in a few hours so it doesn’t have to be too time consuming. Business related issues normally take a minimum of three half day sessions spread over a couple of months.

Mediation is a process that achieves results. It is not as formal as litigation or arbitration and follows is own methodology.

This would initially involve an appointment with me where I would review all aspects of the case and assess the circumstances and then advise on the best course of action available.

Each mediation process is different – it is a myth that one size fits all. However, the way I see mediation is to pursuing a positive outcome where two or more people come together to try to find a solution to their problem.

What happens if you find yourself in need of a mediator?

If you feel any of the points mentioned in this blog applies to you, then don’t delay. Mediation is more effective the earlier on it is started and in terms of costs, in many circumstances, it can be much cheaper than court action. All you have to do is contact me here at Wilkins Kennedy to briefly discuss the circumstances and provide a summary of any disputes. A meeting will then be arranged between ourselves to discuss outcomes. We will then put a plan in place to find a positive solution.

If you would still like to know more about mediation, particularly about the different stages of mediation, or what to expect throughout a typical mediation process, then watch this space for more coming soon.

Contact Details

Vee Bharakda

Wilkins Kennedy LLPAnglo House, Bell Lane Office Village,Bell Lane, Little Chalfont, Amersham,

Bucks, HP6 6FA

T: 01494 545570M: 07961 116321

E: vee.bharakda@wilkinskennedy.com