Why Mediation?



Mediation is an effective procedure for all industries and businesses when a dispute arises. The mediator is a facilitator; not a judge or arbiter. The question should not be WHY but WHY NOT.

 

1. Avoid the cost of litigation


Litigation is very expensive and time-consuming. Mediation is informal, quick and inexpensive.

The mediator’s objective is to remove obstacles and find solutions for parties represented by authorized individuals, to enable an Agreement to be realized.

2. Most gain/Least pain


Mediation, on first blush, appears to be a compromise, but the objective is convergence. Common ground is sought while simultaneously addressing issues in dispute.

A solution reached is not a judgement, but a “going forward” resolution.

3. Confidentiality


Nothing that occurs in mediation can be disclosed without the agreement of all parties to the mediation.

A mediation normally includes confidential discussions between each party and the mediator. No part of those discussions is disclosed to the other party or parties without the express permission of the disclosing party to a respective discussion. There can and should be open discussions with all parties and the mediator.

These discussions are inadmissible in any court proceedings.

4. Staying and shortening legal proceedings


All formal proceedings before a court or equivalent body can be stayed for the duration of a mediation, and/or can run in parallel to such proceedings, on application to a court or by direction of the court and influence of the parties.

A mediation procedure can be mandated by a Court or equivalent body.

5. Representation


Parties to a mediation can appear in person, or be represented by an adviser, professional or otherwise. An adviser (lawyer or other person) can be available for occasional consultation; for example by telephone. However, a representative of each party who has authority to settle on behalf of each party must be present to be effective.

6. Agreement and resolution


The preferred outcome of a mediation is a formal, legally binding agreement drafted and executed at (not necessary but preferable) the mediation. However, the mediation can be concluded, (or restarted at any future time) and a formal agreement settled subsequently, with or without the mediator’s assistance.

©2013 International Trademark Association
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