In this blog article, David Fatkin of Embrace Mediation discusses the benefits of using mediation as an alternative to litigation in settling disputes…
“I’ve heard it said that being involved in a legal dispute is like dancing with a gorilla. You can only stop when the gorilla decides!
I have launched Embrace Mediation because I want to provide business with an accessible alternative to litigation that is not only effective but also able to provide a lega
lly binding agreement in a way that is typically less emotionally demanding, less time consuming, lower cost, and without the risk associated with judgement in court.
But what is a mediator?
A mediator is independent, neutral, non-judgemental, non-advisory, and will not comment on any personal perception of relative strengths or weaknesses of positions taken by the parties in dispute.
Of course, parties must understand their legal position and have access to advice, but they should expect the mediator to keep the process concentrated on finding fair settlement, typically in a single day, and to avoid positions becoming polarised around alternative interpretations of the law and guessing what a judge might rule.
The mediator will create a structured conversation where any emotional background or communication issues between parties can be accommodated and dealt with to allow focus on understanding the real issues and interests behind the dispute. The mediator can explore flexible settlement and provide a scope for remedies that cannot be obtained from a litigation framework.
If you want to bring your business dispute to an effective conclusion and haven’t considered mediation, an exploratory conversation with a mediator should prove to be time very well spent.”
David Fatkin ACA
CMC Registered Mediator