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Bell & Co. Advise How to Prepare for a Mediation Meeting

Friday 31 August 2018, 11:46PM

By Beckie Wright

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Bell & Co. are specialists in employment law, family law, dispute resolution and civil litigation, founded on the values of being progressive and results driven, and this month they discuss how to prepare for a mediation meeting.

Mediation is used in a multitude of different areas, and commonly in employment law. It is a voluntary form of dispute resolution that aims to facilitate conversation between parties to reach an agreement. Mediation is flexible, as it is not restrained by legal rules and processes, and the parties are free to agree or disagree. The major benefit of mediation is the ability to resolve disputes outside of court and to preserve relationships if possible. It is also more cost-effective and timely than a court case.

The mediator is a chosen independent and impartial party, and the mediator’s role is to guide and monitor conversation. The mediator aims to clarify issues to be discussed and keep the conversation focused on discussing and resolving these issues. Often, the mediator will help extract relevant information and navigate options with parties. Ultimately, the mediator is not a decision-maker, but a facilitator – authority is with the parties involved.

The disputing parties are usually brought together to make exchanges across the table, and the grievant will speak first, then the other party. Sometimes there will be an exchange across the table that the mediator will regulate. The parties will then retire to separate rooms and offers will be brought by the mediator to each party. If an agreement is met, a record of settlement will be drawn up. Once this is signed, it is legally binding on both parties. Even if agreement is not reached, mediation is helpful as it clarifies the issues between parties.

Once the record of settlement is signed, the agreement is legally binding. Although the mediator is not a decision-maker, the parties can agree to a binding decision from the mediator; the parties can also agree to a process where the mediator makes a recommendation.

When you work with the team at Bell & Co., you’ll have the comfort of knowing your problem is in safe hands, as they offer a free, 20-minute, no-obligation consultation service, so for more information on Wellington lawyers, employment law lawyers and family law please go to http://www.bellandco.co .