Roger Salvetti a qualified Commercial Mediator says:
After over 30 years in the Law why is it that so often one hears that Businesses think that to resolve their disputes with Suppliers / Customers / Bankers / Company Shareholders or Partners they have to resort to the expensive and management-time-consuming route of litigation?
What they do not consider is the modern and intelligent approach to Dispute Resolution which is Mediation / Alternative Dispute Resolution
This is a non Court-based and confidential procedure using an experienced and trained Mediator [whose costs are shared by the participants] bringing both [or sometimes more] participants together at the earliest opportunity to state what the difficulty is and what they would hope to achieve from the meeting
The participants are then usually separated in different rooms and the Mediator moves between them privately seeking from each their proposals as to how they would hope to resolve their differences
The Mediator is not making a judgement between the parties and is not permitted to reveal to either participant what he has learned from the other [unless authorised] and in this way the Mediator is the only person to understand what is really important to each participant and how to steer a course in the discussions which gives each party [most of] what they want
Any agreement reached is signed by the parties and can be registered in the County Court for enforcement if either party reneges on the deal done
So if you are keen to resolve Disputes, preserve relationships, save [management] time, emotional energy, publicity, massive legal costs, avoid the Court and quarter your Cost-Risk then consider using Mediation next time