Mediation

Mediation is not like other dispute resolution methods for one main reason – the mediator does not have the power to actually settle the dispute without the consent of the parties. Instead, a mediator’s role is to help the parties find a settlement. The difference between the mediator’s role in mediation and the role of an attorney in another settlement negotiation is that the attorney represents only one party, while the mediator is impartial.

Mediation should never be the only option for dispute resolution as there must be a possibility for the parties to force a settlement. Nor is it a good idea, as sometimes happens, to write into contracts that the parties must start by requesting mediation before they can proceed to court or arbitration. However, mediation can work well when the parties realise that they have everything to gain from a settlement, but are unable to reach it themselves or with the help of their lawyers alone.

Mediation can sometimes take place at the initiative of the court as part of a public court process. Even in this case, both parties must agree to the mediation, so the court cannot force it. As with arbitration, the parties themselves pay the mediator’s fees.

Mediation is relatively unusual compared to the other forms of dispute resolution, but NORMA has experience of mediation in several different industries and our lawyers also undertake assignments as mediators.