The process of mediation process has long been a very successful and effective means of dispute resolution throughout the world. Western culture has tended to place increasing emphasis on the
vested interest of the law, and unfortunately, even armed intervention.
We offer you an altogether more evolved, more empowering way to resolve differences. Mediation, by definition, is a more effective alternative to civil or commercial litigation in the courts or judicial tribunal. Because our solutions derived from meaningful dialogue, what we offer does not produce “winners” or “losers”. Indeed, it has been said that going to court often means different degrees of losing for both sides. In the section “How we work for you”, we provide more details of how the process can help you.
When should mediation be considered?
Mediation services can be much more effective for both sides because it’s much more focused on deriving a mutually-acceptable solution, rather than victory and loss. Because our mediation services work towards a solution rather than a verdict, we can often help you achieve an agreement in a day. Contrast that with the current backlog in the adversarial world of litigation. The benefits are so clear: prompt, effective and far less expensive; but this is only part of the outcome. The fact that we regard all sides as joint owners of a mutually acceptable outcome, means the focus is on respect.
The mediation process
We work hard for you, and with you. We will agree at the outset how best to proceed – whether that means initially having private consultations or sitting round the table with each party from the start. Although we do pride ourselves on often “seeing the seeds of the best deal” very quickly, we do not impose a solution. We help both sides work toward and agree a consensus. We know just how important it is to start with, as well as end up with, being respectful of the position of others.
We help both sides to think carefully about what is important about their side’s viewpoints, and how best to work toward a realistic solution, about which everyone can be reasonably happy.
There are different types of mediation and the most appropriate methods that are most amenable to the disagreement. In addition, some issues are more complex than others and the time needed may well vary from one situation to another.
Face to face mediation is only one possible method; we make appropriate use of a wide-range of communication technology for parties who cannot meet face-to-face; these include audio-conferencing, VOIP, Skype and other forms of videoconferencing.
Although we work very hard to work with all concerned to arrive at a conclusion that is jointly owned by all sides, one of the few caveats we cannot bypass is that all sides need to agree to undertake mediation. This has to be voluntary. We will endeavour to persuade a reluctant party as to arriving at a full understanding of the process and its benefits, but we cannot pursue unilateral mediation. If you are unsure as to some of the issues, we can, of course, have informal discussions with you or other parties.
What happens if a consensus cannot be reached?
This happens. But it is much rarer than you may think. In judicial proceedings such as litigation, a tribunal or arbitration, a mediator cannot impose an agreement on one side or the other. Indeed, the key to mediation is that it is fair, transparent, non-judgemental, and impartial throughout.
If a consensus or mutually agreed outcome cannot be reached then each party will need to consider how best to then proceed. When an impasse has been reached we often prevail on both sides to adjourn for however long may be agreed beneficial to take time out, and reflect further on what has transpired. We work hard to keep both sides genuinely committed to the search for a final agreement that has the respect of all concerned. For the avoidance of all doubt, please be aware that no outcome is binding in the same way as a court verdict or tribunal determination.
We would be doing both sides a disservice if either party wanted to walk away from the mediation process. We work hard with both sides to get a genuine commitment to securing agreement, but just as a final agreement cannot be binding, so to the entire mediation process is conducted “without prejudice”; this essentially means any part of the process cannot be quoted or referred to should any of the parties decide to dispense with mediation and elect to pursue litigation or other judicial remedy.
Why does mediation work?
Mediation is a proven process designed to help parties participate in a flexible, non-judgemental search for consensus. Key issues are often agreed relatively quickly and the majority of mediations are satisfactorily concluded in one or, rarely, two days. There is no expectation of a specific outcome, and we will not take sides.
Mediation should be considered even when judicial proceedings have started. Applicants often assume, wrongly, that once litigation has begun, it cannot be halted. This is quite wrong. As we recall from one tribunal chairman “We love deals, we will be happy to wait all day if you can agree a way of settling the matter”
Because we understand the nature of conflict, and its formative influence on the evolution of humanity, we offer unique insights into how best to resolve obstacles to resolving disputes, Once the
obstacles are out of the way, the way ahead is literally clear.
Quality is assured because we not only work tirelessly to helping you to resolve differences, we also combine pragmatic approaches with the best influences of coaching, mentoring, as well as the cognate disciplines of gestalt and NLP.
We know you have a choice.
We pride ourselves on the highest levels of professionalism, philosophical rigour and sheer capability.
One phone call should be more than enough to confirm our suitability for you: we offer you a fully professional, non-judgemental, supportive process to help you resolve your dispute by arrive at a mutually-agreed consensus.
Please do contact us for a no-obligation discussion. Our fees are very reasonable and always reflect good value for our clients.
Altius operates worldwide but has offices in Kettering, UK and in the Republic of Ireland
If you have any queries or wish to make an appointment, please contact us:
+353 8385 88283
(Rep. Ireland) or
+44 7597 232 000