Mediation has established itself as the leading ADR process
The need for a viable alternative to litigation, which does not deprive any party of its right to pursue a case through to trial if a satisfactory settlement cannot be reached, is broadly accepted. The focus of litigation is in the past, whereas ADR processes can look towards the future. Even when settlement is reached through negotiation, the process is sometimes narrowly focused and rushed, especially when conducted through typical court procedures. The outcome is more reasonable when negotiations are assisted by a neutral third-party and involve the actual parties directly.
Why mediation works
Mediation enables the parties to resume, or sometimes to begin, negotiations. The presence of a mediator changes the dynamics of the negotiating process. The mediator brings negotiating, problem-solving and communication skills to the process and deploys them from a position of independence and neutrality, making progress possible.
The mediator, as a neutral party, can:
Victor’s mediation experience
Victor has undertaken construction mediation in the Middle East.
RICS Mediator Assessor
Victor provides on-going assessment of Mediators for the Royal Institution of Chartered Surveyors, UK, for accreditation through their mediation programme.