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If you are dealing with a dispute as part of your business, you may come across the option of hiring a private mediator. A private mediator is central to the mediation process. They can help you resolve a dispute without having to go through the lengthy and costly court process. This article will outline some factors to keep in mind when considering whether to hire a private mediator. It will also cover the qualities that you should look for in your private mediator.
What is Mediation?
Mediation is a form of alternative dispute resolution, and it is a more procedural type of negotiation. During a mediation, the parties in dispute will come together to try to reach a settlement. The difference between mediation and standard negotiation is that mediation involves an appointed mediator, who has the role of helping the parties reach a mutually beneficial settlement agreement. A settlement agreement is usually binding on both parties and can be highly effective at setting a tone for your future relationship with the opposite party.
Before you consider what type of mediator to hire, you should think about whether mediation is the best way to resolve your dispute. Mediation can be beneficial because it:
- can help keep open the prospect of a future business relationship with the other party. This is because it involves you coming to an agreement rather than having a decision imposed on you by a court;
- gives you control over the tone of the dispute. This can help you stay in control over the direction in which the dispute is going;
- gives you the opportunity to come up with creative and flexible solutions; and
- is much less expensive and usually quicker than litigation or other alternative dispute resolution methods (such as arbitration).
What Should I Look for in a Private Mediator?
If you choose to hire a private mediator, the private mediator will help your business in your dispute and, if you wish, in future disputes. For example, they will help your business through:
- facilitating communication between you and the party you are in a dispute with;
- helping form solutions, agreements, and goals;
- identifying key issues and priorities of both parties to the dispute; and
- managing emotions from both parties, making sure that correspondence is considered and civilised;
Anyone can be your mediator (for example, you could get someone you know to be a volunteer mediator). However, it is a good idea to look for someone who:
- is a trained mediator;
- has experience in conflict resolution; and
- has specialised knowledge on the topic which is being mediated on.
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Key Qualities of a Private Mediator
Some key qualities you should look for to find the best mediator for you are set out in the table below:
|
Quality |
Explanation |
|
Impartiality | It is important for your mediator to take an impartial stance. This is because an impartial mediator will be better at finding an agreeable solution for both parties. Selecting a mediator with a preference could make the process longer and more expensive. |
|
Knowledge of the relevant area of business or law |
Specialised knowledge will be highly useful in coming to an effective solution. For example, if you choose to hire a private mediator in a dispute focused on intellectual property, then it would be best to find a mediator who is familiar with common intellectual property disputes and solutions. |
|
Fees |
The amount that you will pay the mediator you have hired will be relevant in determining how long you can draw out the mediation process. You could also seek legal aid if costs are an issue, though legal aid schemes in England and Wales have suffered significant cuts in recent years. |
|
The mediator’s availability | Mediation can be a complex and sensitive process. Therefore, having a mediator who is responsive to unexpected issues will be valuable in ensuring that a dispute is not inflamed or worsened. |
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Trustworthiness | It is important that you trust the mediator that you hire because you will often have to convey confidential and private information to the mediator. The best mediators can deal with confidential information in a highly professional way. However, it may be worth looking to provide your mediator with a confidentiality agreement or a non-disclosure clause in any case. |
Key Takeaways
Mediation is the process through which a mediator is added to the negotiation process. Additionally, it can be preferable to other types of alternative dispute resolution as it is usually cost-effective, less harmful to business relations, and quicker. Further, a mediator aims to come to a mutually beneficial settlement for both parties. Whether you should hire a mediator or not depends on whether you can resolve the dispute in question through more structured negotiation with an independent third party.
When finding the right mediator for your dispute, you should look at their expertise, trustworthiness, and impartiality. Impartiality is crucial to the role of a mediator. You should also seek legal advice when utilising a mediator, especially when dealing with confidential documents.
If you need assistance with a business dispute, LegalVision’s disputes lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
This will usually be communicated to you by your mediator and can involve relevant documents. However, coming to mediation sessions with an idea as to your interests and what you are willing to compromise on will be a good start.
No, you are not obliged to have a face to face interaction with the other party during the mediation process.
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