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Mediation

Ducere Advisory now offer  mediation service for families, businesses and individuals.

We are based in Colchester but offer our services nationally both online and in person.

What is Mediation?

Mediation is a process in which a neutral third party, called a mediator, assists disputing parties in reaching a mutually acceptable agreement. It is a voluntary and confidential process that allows the parties to communicate directly, clarify misunderstandings, and explore potential solutions in a collaborative manner.

Key Characteristics of Mediation:

  1. Voluntary: Participation in mediation is typically voluntary. Parties choose to enter the process and can withdraw at any time.

  2. Confidential: Discussions and materials presented during mediation are confidential and cannot be used in court if mediation fails.

  3. Neutral and Impartial Mediator: The mediator does not take sides or make decisions. Instead, they facilitate communication and help the parties find common ground.

  4. Collaborative: The process encourages cooperation and problem-solving, aiming for a win-win outcome rather than a win-lose situation.

  5. Flexible and Informal: Mediation sessions are less formal than court proceedings and can be scheduled at convenient times for the parties involved.

  6. Focus on Interests: Mediation focuses on the underlying interests and needs of the parties, rather than on their stated positions or legal entitlements.

Mediation Process:

  1. Introduction: The mediator explains the rules and process of mediation, establishing an environment of trust and cooperation.

  2. Opening Statements: Each party has an opportunity to present their perspective on the dispute.

  3. Joint Discussion: The mediator facilitates a dialogue between the parties to clarify issues, explore interests, and identify potential solutions.

  4. Private Caucuses: The mediator may hold separate meetings (caucuses) with each party to discuss concerns and explore settlement options in confidence.

  5. Negotiation: The parties, with the mediator’s assistance, negotiate to reach a mutually acceptable agreement.

  6. Agreement: If an agreement is reached, it is documented and signed by the parties. This agreement can be legally binding if desired.

Benefits of Mediation:

  • Cost-Effective: Mediation is generally less expensive than litigation.

  • Time-Saving: Mediation can resolve disputes more quickly than going to court.

  • Preserves Relationships: The collaborative nature of mediation helps maintain or even improve relationships between parties.

  • Control: Parties retain control over the outcome rather than leaving the decision to a judge or jury.

  • Creative Solutions: Mediation allows for more flexible and creative solutions tailored to the parties’ specific needs.

 

Mediation is widely used in various fields, including family law (e.g., divorce and child custody), commercial disputes, workplace conflicts, and community disputes. It offers a constructive alternative to adversarial legal proceedings and promotes a more amicable resolution of conflicts.

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