Mediation is a voluntary process and both parties need to consent to use the service
The process allows the parties to focus on reaching their own agreed solution to allow them to move forward and is based on a common sense and practical solution rather than a legal one.
Mediation is less formal than going to Court. It is confidential and without prejudice. It is quicker and affords both parties the opportunity to control the process, which a judicial decision often does not, as the Court will not understand all the ramifications of the work carried out.
GTMA has a neutral position and will not adjudicate the case, but seek to help the parties reach a solution by facilitating negotiation to arrive at terms of settlement which both parties can accept.
The GTMA will ensure that both parties follow through with the agreed solution but the parties need to be honourable and agree that they will execute the agreed terms.
The mediation process is carried out by GTMA at their premises in Alcester, Warwickshire or Princes Risborough or at offices or a hotel arranged by the parties. The meeting is not to be held at either of the parties’ premises. The cost of the hire of a room is to be paid by the two parties..
GTMA will provide two representatives if a face to face meeting should be required.
For mediation to be successful there needs to be a degree of flexibility in both parties’ positions and willingness to listen and consider each others positions and points of view.
Parties participating in mediation appointments need to agree to enter into mediation in good faith with the aim of achieving settlement and have the authority to settle if acting on behalf of a party. This is very important in the case of the face to face meeting where a conclusion would be expected at the end of the day. However, telephone communication with their respective offices will be allowed to confirm arrangements if required.
- Both parties need to be informed in advance of the meeting who will be representing the company. Solicitors will not be allowed.
- At the start of the meeting the Chairman will brief both parties on the rules for the meeting.
- They must agree to abide by the decision reached at the meeting
- They must have authority to make and agree the terms
- That they will agree to allow without interruption each party to put their case initially
When this has been completed GTMA representatives will then facilitate discussion to identify a possible settlement and/or compromise for the parties.
Where a stalemate is reached, the meeting will be temporarily closed and the parties separated for each party to discuss their position. GTMA will then speak to each company to establish the barrier to the resolution and try to suggest a compromise.
The meeting will then be resumed in the hope that a compromise can be reached where there is a willingness by both parties to reach a solution. If it is felt that this cannot be achieved the GTMA will then sum up and remind both parties the costly alternative that they may face.