Mediation is a confidential and flexible process that can be used to settle disputes. Mediation is an effective way of resolving disputes without the need to go to court.
It involves an independent, neutral third party - a mediator - who helps parties work towards a mutually acceptable agreement of a dispute.
Mediation is a voluntary process and will only take place if both parties agree to work together. It is a confidential process where the terms of discussion are not disclosed to any party outside the mediation hearing. If parties are unable to reach agreement, they can still go to court. Details about what went on at the mediation will not be disclosed or used at a court hearing.
The parties retain ultimate control of the final settlement decision and its terms, and are entitled to remove themselves from the mediation at any point should they so wish. The process is confidential including the facts and terms of the mediation (unless agreed otherwise in writing between the parties) and without prejudice.
The process is controlled by the parties; the date, the mediator, the location, the length and is quicker than going to court. Mediations are conducted within 14 days of the enquiry being received (subject to mediator availability).
Mediation enables the parties to identify outcomes which may not be possible through taxation. Even if mediation does not work, it may resolve some of the issues.
Party representatives must have full authority to settle at the mediation.
BLCM provides a neutral platform and physical venue for parties to resolve disputes relating to the taxation of bills of costs and a forum with competent and experienced Legal Costs Mediators and Assessors to assist parties in resolving their legal costs disputes.
Read More ...Posted by Matthys Lourens on Wednesday, May 16, 2018 Views: 1673