SPOTLIGHT ON: MEDIATION

Following on from our previous blog on arbitration, another method of is Mediation.  Mediation is an approach to conflict resolution in which a third party helps disputants arrive at a resolution. The neutral third party will actively assist parties in working towards a negotiated settlement of a dispute, and the parties are in ultimate control of the decision and/or settlement that is eventually reached.

The role of the mediator is not to be a legal advisor, it is simply to help parties to negotiate and communicate in good faith.

Mediation is becoming a key form of dispute resolution in Scotland and is used most often in commercial, family, employment, education and civil court cases.

The process of meditation generally will vary from case to case, it can be in one joint meeting or in a shuttle style meeting where the mediator will have private meetings with each party and go between. Or it can be a mix of both! Parties are not required to have legal representation when involved in mediation but they can choose to do so. There are no time constraints to mediation, it can be a few hours, a full day or even a few days.

If you feel your dispute would be better dealt with by way of Mediation, please contact our specialist team at Jones Whyte who will be able to assist you moving forward. Call 0141 375 1222 or email