When parties are involved in a serious conflict and want to avoid a court battle, mediation can be an effective alternative to litigation to resolve a dispute.
In mediation, a trained mediator tries to help the parties find common ground using principles of collaborative and mutual-gains negotiation. Lawyers are involved in the mediation process to represent their clients and draft any settlement deeds.
In facilitative or pre-litigation mediation, a professional mediator appointed by the parties attempts to facilitate negotiation and settlement of the conflict. Having legal advice before, during or after mediation is essential to understanding your matter and the legal issues. We ensure the legal issues are satisfactorily resolved as well as the commercial concerns that you have.
Rather than making recommendations or imposing a decision, the mediator encourages the parties to reach their own solutions by exploring each other’s issues and concerns.
In facilitative mediation, mediators are trained to keep their own views regarding the conflict hidden. Mediators do not provide legal advice to the parties. Instead, they focus on encouraging them to recognise each other’s needs and interests. During mediation a lawyer will be there to ensure that the main issues are addressed and that the right questions are posed to the otherside to get a comprehensive understanding of their motivations and negotiate a settlement.
Before issuing legal proceedings, PCL Lawyers can assist you in reaching out to the other party you are in dispute and consider the use of mediation to help resolve the conflict.
The advantages of facilitative mediation include:
When litigation has commenced, courts and tribunals will often require the parties to undertake compulsory mediation before hearing a dispute.
Mediation is mandated by courts and tribunals as they are interested in promoting a speedy and cost-efficient settlement of cases.
PCL Lawyers are litigation experts who actively engage in all types of court-mandated mediation, ensuring that our clients achieve a high rate of settling a dispute without protracted litigation.
We have assisted clients with accurate and timely legal advice during mediations, leading to the satisfactory resolution of their dispute.
Thanks to video conferencing, clients can now easily and cheaply communicate with another party and the mediator in real time. This means the parties aren’t’ forced to travel and can benefit from visual and vocal cues
If you would like to learn more about how PCL Lawyers could assist you in resolving your dispute through mediation, please contact one of our lawyers.
Our mediation lawyers are skilled in facilitating and managing mediation for clients who have a range of legal disputes from family law to commercial law we can assist.
You want to know that you are getting advice and real solutions. You not only want a lawyer who has strong experience and knowledge in legal matters, but a lawyer who can also navigate you through the commercial realities.Request a meeting
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