Mediation is one of the “Alternative Dispute Resolution” or ADR disciplines, the best known of which are arbitration and Independent Expert determination (often used to resolve rent review disputes).
Mediation is different. It does not seek to impose a solution but to help disputing parties find a solution for themselves.
Mediation is totally confidential and is non-binding until the parties themselves commit to an agreement that resolves their dispute.
The key function of the Mediator is to explore the whole relationship between the parties, not just the immediate area of dispute. This broad scope often enables a resolution to be found where a simple argument over one issue, usually with a money value, is doomed to failure or at best to satisfy only one of the parties. Mediated solutions usually leave the parties wanting to do more business together rather than resentfully avoiding each other in the future.
Typically a mediation will take place over the course of one day (sometimes half a day) in a location convenient to the parties. Success rates are very high, averaging over 80%, and costs are materially lower than court.
Robert John is a Mediator accredited by the RICS and can also act as a mediation advocate, representing and guiding a party through the process to achieve the best outcome.