Mediation is the opportunity to resolve a dispute or a
problem - or avert a potential problem - with the help of
a neutral third-party (the mediator). You don’t have
to involve a lawyer unless you want to and you don’t
need to go to a court.
Most importantly, what you discuss and decide in mediation
remains confidential.
Mediation
Court
Time
You control
when the mediation takes place
You decide
how long it lasts (generally a day)
The lawyers
and the court system control when proceedings start
They control
how long it lasts (months or years)
Money
You know how much it will
cost in advance
You share the cost with
the other party
The costs may add up quickly
and end up being more than the amount in dispute
You may have to pay the
costs of the other side
Lost opportunity
cost
You can keep focused on
your business and increasing profit
You and others in the business
may spend countless hours tied up with the dispute
and miss business opportunities
Control
You decide the outcome
The court decides the outcome
Confidentiality
You, the other party and
the mediators sign an agreement to keep all discussions
and decisions completely confidential to the extent permitted by law or public policy.
The public and the media
are usually entitled to be in the court room to
listen to the proceedings and the final decision
"As an
experienced litigation solicitor, this was my first occasion
in utilising the process of mediation. I hope it will not be
my last." Paul Reid,
Fleming & Reid, Glasgow solicitors
Mediation Scotland LLP is a limited liability partnership. Registered in Scotland Number SO301374. Registered Office 7 Saxe Coburg Place, Edinburgh EH3 5BR
mediate@mediationscotland.com
T: 0131 343 1998