Alternative Dispute Resolution (ADR)
The LEADR model of mediation is internationally moderated and
respected in the field of alternative dispute resolution.
When does ADR provide the best solution?
When both parties want the problem sorted out so they can get on with their lives, and/or with business.
The Accredited LEADR Approach
The presence of a skilled neutral professional changes negotiating dynamics in a critical way. The mediator helps the parties to keep the negotiation focused and framed positively and to consider their positions and interests more objectively and realistically.
In most negotiations both parties can reasonably expect a faster and higher quality outcome from the engagement of a competent, suitable mediator.
How does it work?
Mediation is an assisted negotiation and essentially you are your own negotiator. Although mediation has traditionally been used for resolving disputes because it is particularly helpful in managing hostilities, mediation has far wider values in enabling negotiators to do their job on a collaborative, rather than confrontational or positional, basis. Sometimes the best outcome is the simple, open and frank discussion of the matters creating the dispute and the identification of each party’s needs and interests.
I want my Lawyer there
It is important to note that the High Court and District Court ‘Rules for Lawyers’ require that they advise their clients of the alternatives to litigation, to enable the client to make an informed decision regarding the resolution of their dispute. If you are accompanied by counsel, ensure your counsel comes to the mediation as a collaborative solution provider first, as your adviser second, and as your advocate third.
The benefits of ADR
Success and satisfaction rates very high. (IMI reports 80% chance of success, the reason for this is that when parties are in a situation where they all feel empowered to negotiate effectively and achieve their needs, they generally succeed in doing so. Mediation provides that empowerment.)
Judiciaries embrace ADR as a time and cost effective process.
Court schemes to engage ADR are increasing and achieving great success & satisfaction for all
Puts the parties involved in control.
A process of true equality; equal power, equal time, equal treatment, equal support, equal opportunity.
Mediator treats all parties equally, with fairness, respect and impartiality.
Flexible and informal.
Saves time and money.
It is confidential.
Only the agreement, if reached, is enforceable in Court.
Helps parties deal with emotions.
These are often more vital to resolve than the original matter of the dispute
Maximises possibilities of agreement.
Prevents escalation out of control.
Contracts usually require mediation prior to litigation.
Contractual clauses that include a mediation step enable both sides to avoid any perceived weakness that may be implicit in a proposal to mediate, and represent good preventative lawyering/contracting.
The earlier, the better.
If there is a dispute, tensions tend to escalate over time, making settlement harder to achieve the longer negotiation is delayed. Agreements can become harder to facilitate when parties become entrenched in their positions.
Mediator focus is on the party’s interests
‘Interest-based’ negotiation happens when the parties focus on their needs and interests, more than on their respective positions. Thereby enabling them to achieve more creative options for mutual gain. It is a more collaborative, and less combative, experience aimed at maximising value from the negotiating table.
One of the most important fundamental principles underpinning good mediation is Confidentiality. It promotes free and frank discussion between the parties safe in the knowledge that views expressed in mediation cannot be used against them should the dispute not resolve by mediation. i.e. Anything that occurs during mediation is confidential, and cannot be referred to in any subsequent review or Court proceedings.
Please contact us to find out more;
Call: 03 3480804
Mobile; 0274 777731