Dispute Resolution Scheme
What is Mediation?
Mediation is a process for resolving disputes.
In mediation, parties are helped by an independent third party, the
mediator, to reach an agreement with which they are happy and
resolve their dispute.
How can it help me?
A good mediator is a skilled, experienced and
imaginative problem solver who will be very much involved in the
process of reaching a solution.
Mediation is a non adversarial method of
resolving disputes. It is appropriate in almost all commercial and
boating matters which are capable of settlement out of court.
Even if on first analysis it seems impossible
that the parties could ever agree on a solution to their problem,
remember that most mediations conducted by a skilled mediator do
result in a successful outcome.
Important information relating to
Mediation
The majority of mediations do conclude with a
successful outcome.
During mediation the parties retain control of
the process, and they agree the final outcome. In litigation they
can not!
Mediation provides the parties with an
opportunity to reach a quick solution. A mediation can usually be
arranged and concluded within 3-4 weeks - litigation normally
takes many months or even years!
Mediation enables the parties to reach a
'creative settlement' which will not be available from the
courts.
Parties to mediation are not required to reach
any agreement if they choose not to. However, once the mediation
has been concluded and an agreement reached, the agreement becomes
binding on the parties and is enforceable in law.
The costs associated with mediation are
normally shared equally between the parties and are generally small
in comparison to those of taking a dispute to court.
Recovery of the costs of litigation is rarely
straight-forward and can present a problem. Courts are taking a
tougher stance where cost awards are concerned and it is rare for
the successful party to recover all of his costs. Partial or
deferred payment orders mean that it can be a considerable time
before the successful party receives payment for their damages or
cost award.
A concluded case can become the subject of an
appeal that will increase the costs and prolong the anguish and
uncertainty that accompanies litigation. A mediation agreement
offers a full and final settlement which is acceptable to the
parties.
Mediation is strictly confidential. Anything
that the parties say to the mediator during mediation will remain
strictly confidential unless they expressly wish something to be
disclosed to the other party.
Anything that is discussed during mediation
cannot be used in any future court proceedings that may occur.
Mediation is a non adversarial method of
resolving disputes which is appropriate in almost all civil and
commercial matters that are capable of settlement out of court.
Where the legal arguments applicable to the
dispute are unclear, mediation will normally be more appropriate
than a legalistic judgment.
A small number of mediations do not settle at
the time. However, the issues will normally have been narrowed
during the process creating a pathway for a negotiated settlement
over the following days.
Courts may impose cost penalties if the
parties cannot demonstrate that they have seriously considered
mediation.
If yours is one of the few mediations that do
not resolve the dispute the mediation will not have effected any of
your legal rights.
The BMF scheme
The BMF have set up an entirely independent
mediation scheme, run through the independent Academy of Experts,
to enable easy resolution of disputes within the marine
industry.
You can apply for mediation using the following downloadable form
How long does it take?
The complete process should take less than a
month. The scheme allows a generous three and a half hours for a
'standard' mediation which should be more than adequate. There is
the opportunity to extend the time if it should be required.
How much does it cost?
To help you know your expenditure in advance
there is a flat charge for the 'standard' mediation. This includes
VAT and in most cases it includes the cost of accommodation. The
fee is £375 inc VAT per party irrespective of the amount involved
or the complexity of the dispute.
The ADR Centre
The ADR Centre which is based in London, works
closely with The Academy of Experts and provides services and
facilities necessary for the resolution of disputes. The ADR Centre
has access to many different dispute resolvers in many regions.
The Academy of Experts
The Academy of Experts is a professional body
which promotes cost efficient dispute resolution. It trains and
accredits mediators and others in dispute resolution.
Mediators come from many different fields of
expertise. Based in London, The Academy has members throughout the
UK and the world.
For further information on Mediation
please contact the Academy
of Experts on 020 7430
0333