Wilkins Attorneys

Mediation

What is mediation?

Mediation is fast becoming compulsory in all sectors of our law and we believe that often mediation resolves disputes without destroying relationships. This is true of business relationships but is especially important in family law. Whether you are married or divorced once you have children you are family. It is preferable to try and resolve issues without the Court battles which often cause a great deal of animosity and the children are often the victims. Judy Wilkins our senior attorney is an accredited mediator and can assist with mediation whether it be for business, civil or family disputes.

If one party is not trying to find an equitable solution and has another agenda then mediation will not be a solution, If this is the case we have the expertise to effectively fight for you.

Wilkins Attorneys

Mediation

What is mediation?

It is a process by which a mediator assists the parties in a legal dispute by:

  • facilitating discussions between the parties.
  • assisting them in identifying issues.
  • exploring areas of compromise.
  • generating options in an attempt to resolve the dispute.

What are the advantages of mediation?

What are the advantages of mediation?

  • It offers speedy resolution of disputes.
  • It is considerably cheaper than litigation.
  • It provides a win-win situation for both parties in a dispute.
  • The process is flexible and avoids technicalities.
  • It is a voluntary process.
  • It promotes reconciliation.
  • Parties can use their own languages.
mediation service

Which matters can be referred for mediation?

Most disputes are appropriate for mediation, as long as the court has jurisdiction in respect of the matter. Examples are contractual claims; motor vehicle collision and other damages claims; neighbourhood disputes and family disputes.

mediation service

How long does the process of mediation take?

Simple disputes can often be resolved within a few days. More complex disputes may take a few weeks.

common questions

FAQ

No, a mediator does not judge the parties or tell them what the solution to their dispute is. It is for them to fi nd a solution that meets their needs and interests. The task of the mediator is to assist them to do this.

The mediator will help them to identify the real issues and explore different options for resolving those issues. The mediator assists them, using skills acquired through training and experience, to diffuse confl ict and explore options for settlement. If the parties reach agreement the mediator will assist them to draft a settlement agreement. The settlement agreement is enforceable in law as a contract. It can be given additional strength by having it made an order of court, if the parties agree to this.

If the parties are unable to settle their dispute through mediation then they may still resort to litigation and adjudication.

No, parties have the right to be represented if they want to be, but this is not obligatory. Parties who are represented will be responsible for the fees of their legal practitioners. It is the task of the mediator to ensure a fair and structured process with a level playing fi eld, irrespective of whether parties are represented by lawyers or not. Parties can also request that a friend or family member be allowed to be present during the mediation to lend support.

Yes, matters can be referred for mediation at any stage during the court process before a judgement has been given.

If the agreement has been made an order of the court then it can be enforced through the Sheriff of the Court in the same way as any order of a civil court. If it has not been made an order of the court, then it is enforceable in the law in the same way as any other legal binding agreement.

Not necessarily. Many mediators are lawyers, but they may also be experts from other professions. For example, engineers are often mediators in building construction disputes. Family disputes are often mediated by social workers or psychologists.