Blake Newport


Dispute Resolution

Mediation

Mediation is a reliable, quick, cost effective and private dispute resolution process. It ensures parties retain the authority over a dispute’s resolution and helps them find
innovative solutions that can preserve commercial relationships. And if the process does not provide the answer to a dispute, the parties have not prejudiced their rights in another dispute resolution forum such as litigation.

The objective of mediation is the resolution of disputes by providing support to each party focusing on their needs and interests, as opposed to contractual rights and
obligations, with the aim of reaching settlement. Mediation is different to adjudication, arbitration and litigation because the mediator does not provide the answers or impose judgment on the issues in dispute. Rather, a mediator is a qualified and experienced professional who acts as a neutral third party to help the parties find common ground and reach a settlement they can accept.

What can Blake Newport provide?
Blake Newport can advise on the suitability of mediation as a means to resolve a particular dispute. We can also provide advice about when in the dispute process would
be the most suitable time to attempt mediation. Because mediation focuses on the needs and interests of the parties, mediation can often be pursued early in the dispute process well before parties have become entrenched and deadlocked. A successful early mediation means the parties will avoid the costs of preparing the evidence necessary for adjudication, arbitration or litigation. And, if an early mediation fails, mediation could
be successfully attempted again later during the dispute process.

Why use Mediation?

Quick – quicker than other dispute resolution processes. Mediation can happen within a few days and should rarely take more than a single day.

Innovative Solutions – because mediation focuses on the needs and interests of the parties, there is more scope for settlements that are more than just a decision requiring the parties to carry out a contractual obligation.

Cost effective – no need for a lengthy preparation process using lawyers and consultants and can usually be carried out in a day.

Private – discussions during mediation are strictly confidential and on a without prejudice basis. Even if the mediation isn’t successful, what happened during the
mediation can’t be used in another dispute resolution forum e.g. court.

Empowerment – the process is voluntary and because the parties do not give decision making responsibility to the mediator, they retain total authority over any settlement. A party won’t get stuck with an answer it can’t live with. If you have authority to negotiate a settlement, you have authority to approve a mediated settlement.

Successful – mediation has a success rate of over 80%.

Preserve Relationships – by finding a settlement based on the needs and interests of the parties, as opposed to picking a winner, it is more likely that a solution can be found that preserves and may even enhance commercial relationships.

 
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