Solving Disputes – Commercial, Civil, Business, Workplace and Employment, Probate and all other types of mediation.
Mediation – A Businesslike Way Out of Deadlock
You’re in a legal dispute that’s heading for the Courts. Your lawyers are fighting your corner, but an outcome still seems far off. The costs are mounting. You are uncertain about the outcome. It feels like a gamble - and you want to get on with your business and your life.
Whatever the dispute, it is soluble more quickly and more cost effectively through mediation, than through litigation. Most people have a shared interest in a speedy, affordable resolution. Court proceedings usually take over a year and it can feel as if options and money are running out of your control. Very often the legal costs become the biggest issue.
Civil Mediation Council
As members of the Civil Mediation Council, Focus Mediators help litigants resolve their disputes without lengthy and costly court hearings.
This website tells you a little about our services for businesses and organisations and private individuals. Please contact us if you want to know more.
How Mediation Works
Your civil mediator will come from the back-ground most relevant to your dispute, so they understand where you are coming from. The costs of the mediation reflect the value of your dispute. Before your mediation starts, the mediator will have prepared by reading any relevant paperwork you may have provided.
You will be in separate rooms from the person you are in dispute with and the mediator goes between you – this is called shuttling or caucusing. There will usually be an open session all together at the beginning, where you each state your case – or your lawyer or helper does that for you, but this is not compulsory. The mediator holds confidences between you, only relaying offers and positions that you authorise. It puts the mediator in the best position possible to get you to settlement – and the focus is on settlement, not grand-standing.
You can bring your lawyer/s with you or not as you prefer and sometimes people bring friends or someone for moral support. Often your lawyers are available to help you on the phone and sometimes they come over towards the end of the mediation, if you ask them to do so. The important thing is for the person with authority to settle to be at the mediation or available to authorise the settlement, as the objective is for there to be a binding agreement on the day.
It is important for you to have obtained all the information and documents you feel are essential to settlement and to have had the advice you want before you come, or be able to access it on the phone. Commercial Mediators do not have the evaluative role of a lawyer who is “on your side”.
Risk, cost and delay are inevitable if you choose litigation
You or your business managers will be distracted from your core business – and may have to stand up to hostile cross-examination in Court.
Mediation is the modern solution. The Courts strongly encourage Mediation and may even refuse to award costs to a winning party at trial, if they have refused to mediate.
If you suggest Mediation, it does not imply weakness – and the other side will be risking its own costs if it refuses to mediate.
Mediation is confidential, cost-effective and quick. Above all, it has a high success rate in producing a binding settlement, usually after a session of one day or less. There is no commitment to any proposals, unless a binding settlement is agreed. Even if no settlement results, there can be no disclosure to the Court of proposals discussed in the Mediation. Commercial Mediators hold your position confidentially, unless you authorise disclosure.
Focus Mediators are highly-qualified and experienced Civil and Commercial Mediators, accredited by leading national bodies. We’re at the forefront of developments in meeting the needs of the business community for swift, economical disposal of troublesome disputes.
We provide a neutral mediator or mediators – you can keep your own legal team throughout the process, though they do not have to attend the mediation. Our Mediator explores the case with each of you in confidence, depending on the number of people and difficulty of the case we may employ more than one mediator. Our Mediator hears both sides and is uniquely placed to help identify and develop fruitful routes to settlement.
Quite simply, that’s why it’s so successful