What is Mediation?
Mediation is an effective means in settling disputes apart from litigation. The impartial and professionally trained mediator will assist all parties in undergoing negotiation and reaching a settlement that is acceptable to all parties. The mediator will also assist in drafting the “Mediated Settlement Agreement”.
What are the advantages of mediation?
Information disclosed during the mediation and the mediation provisions are confidential, protecting the privacy and best interests of all parties.
Mediation can start before litigation or at any stage during the process of litigation. Also, the mediation process and settlement options are flexible.
- Costs reduction
Parties are not required to settle the dispute in the court, reducing the huge legal expense, time cost and uncertainty involved in process of litigation.
- Win-win solution
Mediation can avoid the stress and risks of the adversarial court system, allowing parties to reach a settlement that is responsive to the needs of all parties.
- High enforceability
Mediation is a voluntary process in which all parties make their own decisions on the settlement agreement. Parties are thus more willing to comply with the agreement.
- Relationship reconstruction
Mediation can avoid confrontation and facilitate the reconstruction of relationship among all parties.
How high is the success rate of mediation?
The rate of successful mediation depends upon the nature of the case and the sincerity of involving parties. Statistical data from different organizations worldwide have shown that the mediation success rate can be as high as 70-80%.
What do I need to prepare before mediation?
- Familiarize with the background of the case and the issues in dispute;
- List out different acceptable settlement options in advance;
- Seek legal and relevant professional advice beforehand, if necessary;
- If an individual’s decisions are essential for resolving the dispute, that individual must be invited to participate in the whole mediation process
Will mediators provide any legal advice?
Mediators are an impartial third-party who will not provide any legal or relevant professional advice, or impose any decision on any party.