Our Services:

• Facilitative Mediation: We act as neutral facilitators, guiding parties through the resolution process.
• Evaluative Mediation: Our expert barristers provide an objective evaluation of the case, offering insights into possible court outcomes.
• Private and Confidential Mediation Sessions: We ensure that all mediation discussions remain confidential, allowing parties to speak freely.
• Post-mediation Support: We assist in the implementation and enforcement of mediated agreements, ensuring compliance with the terms.
• Advising clients on mediation processes and Preparing mediation agreements.

Types of Mediation:

• Facilitative Mediation: The mediator helps parties communicate and explore possible solutions without offering opinions on the merits of each party’s case.
• Evaluative Mediation: The mediator provides an assessment of the strengths and weaknesses of each party’s case, often leading parties toward settlement by offering a non-binding evaluation.
• Transformative Mediation: Focuses on empowering the parties and improving their relationships through the mediation process.
• Court-Annexed Mediation: When mediation is recommended or mandated by the court during litigation proceedings.

Procedures

1. Agreement to Mediate: Both parties must consent to mediation. We assist clients in drafting agreements to mediate, clearly outlining the scope and ground rules.
2. Selection of Mediator: A neutral mediator is chosen based on their expertise in the relevant field of law. Our barristers can serve as mediators or assist in selecting one.
3. Opening Statements: The mediator explains the process, and each party presents their side of the dispute. We ensure that clients’ positions are communicated effectively and professionally.
4. Private Sessions (Caucuses): The mediator may hold separate sessions with each party to explore possible solutions. Our team ensures that any information shared in confidence is handled appropriately.
5. Joint Sessions: Parties come together to negotiate a resolution with the help of the mediator’s facilitation. We guide our clients throughout the discussions, ensuring that their best interests are protected.
6. Agreement: Once a resolution is reached, our team drafts a formal agreement that is legally binding.
7. Enforcement: We monitor compliance with the terms of the mediated agreement and take legal action if necessary to enforce it.

Key Elements:

Mediation is defined as ‘a voluntary process where parties to a dispute are assisted by a neutral third-party to negotiate a settlement’.

• A Voluntary Process – Mediation is by definition voluntary, nobody is forcing the parties to the dispute to come to you to mediate for them until they reach a resolution. As a mediator, it is key that the parties’ voluntary commitment is respected at all times.
• Parties To A Dispute – The parties before you are locked in a dispute, means long term business partners have turned against each other or bitter business rivals are fighting over stock, money, products or any number of assets.
• Are Assisted – It is vital that as a mediator you understand that your job is to assist the parties before you NOT resolve the dispute for them.
• Neutral Third Party – As a mediator you are a neutral third party, you must not be biased in any way. You are acting as someone that both parties trust to help them facilitate settlement not as lawyer representing the party that you think deserves to win.
• Negotiate A Settlement – The aim of mediation is for the parties to agree a settlement not be issued with a settlement.

Relevant Laws

• The Family Courts Act, 1964: Allows for mediation in family disputes, particularly in matters of custody and maintenance.
• Small Claims and Minor Offences Courts Ordinance, 2002: Encourages mediation as a form of dispute resolution in small claims cases.
• Arbitration Act, 1940: Although focused on arbitration, it provides a framework within which mediated agreements can be enforced.
• The Arbitration and Conciliation Ordinance, 1966