Commercial Mediation

Frequently Asked Questions

What is Mediation?

Mediation is a form of Dispute Resolution; it uses an independent, neutral, impartial third party (mediator) to guide disputing parties in a controlled, confidential setting in order to reach a mutually acceptable agreement. Mediation is flexible and informal; it allows disputants to control the process using the Mediator as a guide to its management.

The process of Mediation is a voluntary, non-binding process until the Agreement is put in writing and signed. It is a highly confidential process and it is ‘without prejudice’, therefore nothing that is said or produced during the Mediation meetings can be used in court if an agreement is not reached and the parties continue to litigation.

What is a Mediator?

A Mediator is a neutral and impartial person who has no attachment to any disputant. Their role is to guide the parties through the process of Mediation by spending a controlled, equal amount of confidential time listening to either side and working between the parties encouraging communication in an efficient and productive manner, allowing each side to express in detail their point of view surrounding the dispute and helping to identify the key issues. The Mediator will allow the parties to reach a solution for each key issue raised, ultimately guiding them to a mutually acceptable Agreement. The Agreement will contain each key issue raised and the decided resolution, it is signed and dated by each party and each party will take a copy away with them. For Commercial Mediations there is the need for someone present to have the authority to settle, this means someone in a position to accept and sign the Agreement.

Why Mediation?

Have you ever-experienced conflict either directly or indirectly?

Everyday life involves interacting with people who hold differing opinions, importance and preferences to you whether this is on a work basis, within your community, or perhaps on a business level. Some situations due to these differing views can result in dispute. Mis-management of these disputes can lead to conflict.

Where there is conflict you may feel uncomfortable, threatened, intimidated, anxious even bullied.

Early management of conflict through Mediation can resolve disputes in a quick, efficient, confidential and cost effective manner. Meaning that you can focus on your work, your home and leisure life, or your business commitments having resolved the issue that was causing you turmoil. The disputants are very much the active parties in making the decisions used to resolve the conflict presented.

Conflict can be very damaging to industry and health, a dispute can escalate very quickly, it can gather momentum drawing in people who may not wish to get involved, it can be a huge drain on resources. Management and HR staff in workplace disputes may only be able to assist so far; a Mediator is best placed to deal with disputes, ensuring a swift and cost effective method of intervention.

What Is Your Complaint Procedure?

Mac Mediation prides itself in being an extremely approachable and professional Company and we would be very upset to hear that any one using our services was not entirely happy in the service levels offered or that our service may have fallen short of their expectations. In such circumstances please contact Lorraine McAndrew who will be happy to discuss your concerns and provide you with a copy of our complaints procedure.