Mediation is a non-adversarial way of resolving disputes. The Mediator acts as a neutral third party and facilitates discussions between the parties in dispute enabling them to reach suitable and mutually acceptable settlements. Mediation can be used to resolve a variety of disputes in a very wide range of industry sectors including maritime, construction, property, insurance and many others which Lux Mediation has the knowledge and experience to assist with.
While many, for historical reasons, go to court or appoint an Arbitrator for their commercial disputes, mediation is a confidential and flexible form of alternative dispute resolution which can result in a cost-effective and early resolution for all parties involved in a dispute. The mediator assists parties to work towards a negotiated settlement of their dispute. The Mediator will not decide the case but will work to facilitate an agreement between the parties. It is the parties’ settlement and not a matter for the mediator to dictate.
All Mediation cases require a hands-on and personal approach and it is important for the mediator to grasp the key issues of a case quickly. Our mediators have mediated hundreds of cases across the spectrum and boast a high success rate.
Our mediators are able to mediate in the UK and elsewhere in the world. Lux Mediation takes the hard work out of appointing the right mediator and ensures that the whole process works smoothly from beginning to end.
Lux Mediation is also able to offer an Early Resolution service whereby an ‘Early Resolution Neutral’ (ERN) is brought into a dispute at an early stage when it is clear that dialogue between parties has dried up. The ERN, working together with the parties appointed lawyers and/ or claims handlers can enable costly paralysis to be overcome. Our ERN can explore with each party in strict confidence possibilities to move matters forward in the best interests of all parties to the dispute.
It is important to stress that ERN will not disclose what he learns from one party without the express authorisation of that party. This therefore creates a safe setting in which ERN can explore the overlapping interests which may unite the parties and enable them to collaborate to resolve the dispute. The ERN can:
- Upon receiving an approach from one party seek ‘buy-in’ from the other party or parties
- Operate in an environment of confidentiality – any information the ERN learns from one party will not be disclosed to the other(s) without express authorisation.
- Explore with each party its case and the indispensable further information and/or documentation which may need to be collected to enable constructive discussions to occur.
- Work out a mutually agreed, clear ‘road map’ which will enable the parties to identify their options for resolving or, contesting such issues as remain.
- Should it be necessary, hold a mediation, albeit much earlier in the process than generally occurs.
To summarise our Early Resolution procedure offers a safe and tested means to achieve early resolution of the dispute.