Overview on mediation process

Nov 28th 2014 at 2:08 AM

Mediation is one of the best and cost-effective alternative than Court Dispute Resolution. It is a voluntary and interactive process, where a third party, having extensive legal information, help both the parties to reach a mutually acceptable resolution to their problem. In court, the judge issues an order that both the parties should obey. However, in Mediations, the parties are free to accept the settlement agreement or not.

Moreover, the mediation discussions by the parties are confidential, based on Singapore law. The terms and conditions of the agreement are only discussed by both parties. Moreover, statements made and documents presented in the entire process may not be used in any later proceedings. With litigation, several aspects of the case may used for public record.

Mediation reduces the costs of both parties and help in resolving disputes in a quick manner (generally within a day). It reduces the fees and expenses associated with litigation such as attorney’s fee and more. This process consumes very less time and helps in making settlement in a quick manner. Reducing attorney time results in additional savings.

What Happens During A Mediation?

In mediation, the mediator explains the processes and then invite both sides to explain the dispute from their own perspective and represent their point. The mediators carefully listen the points of both parties and come with a solution for issues that need to be resolved. The mediation process is completely voluntary an confidential. This means that they can end the discussion at any time.

What role a mediator play in dispute resolution?

The mediator is selected by the parties to act as a neutral enabler to help them toward a successful resolution. They work with the parties in order to come with an excellent solution for resolving the dispute by mutual understanding. The professionals will not force the parties to accept the settlement agreement.

A mediator’s approaches and techniques can vary depending on the nature and complexity of the case. Generally, the mediation process will start in a joint session where both the parties present to discuss the issue and put their own point face to face. The mediators and parties work together to come with an excellent solution for dispute resolution. However, in some cases the mediator also conducts private sessions to make a successful dispute resolution.

When this process is done?

This process generally occurs prior the parties lead to filing a lawsuit. The parties can hire a private mediator or judge may order the parties to resolve the case by the mediation process. If the parties will not satisfy with the settlement agreement, then they can file a lawsuit.

How much time involved in this process?

Most of the mediation can be ended within 2 to 4 hours. However, in complicate cases, multiple may require multiple sessions to come with a successful agreement.

Ms Gloria James-Civetta is a certified mediator at the Singapore Mediation Centre and the Subordinate Courts of Singapore. She has handled several cases in all areas of general civil litigation with successful resolution. For more information about her or to view her profile, click here..

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