Peter McHugh*

mediation

Specialist in commercial contract disputes

Frequently Asked Questions

“this was a very difficult case and you helped the parties reach a settlement” – Client testimonial

Questions often asked about mediation

Q. Can the process produce a legally binding result?

A. Yes. Once the parties agree a settlement they can confirm the terms in a legally binding written agreement. This agreement is enforceable and similar to a contract.

Q. Can my lawyers represent me as they would in Court?

A. Yes, but the mediator will want to limit the opening statements from lawyers to the main facts and issues to enable the process of the day to begin.

Q. How long does the mediation process take?

A. The process very much depends on the nature of the dispute and the willingness of the parties to settle. It can last from a couple of hours to several hours.

Q. What are the chances of a dispute settling?

A. Very high. Statistics indicate that more than 70% of cases settle either on the day or shortly thereafter.

Q.  What happens if we cannot reach agreement?

A.  I suggest both sides research the CVs of various mediators experienced in the area in dispute.  One should be capable of reaching agreement.

Q.  How do I start the process of mediation?

A.  You must agree with the other side that this is the procedure you both wish to adopt, then choose an appropriate mediator.

Q.  What can I do if the other party refuses to take part in mediation?

A.  Make sure the position is properly noted and warn them that they could be liable for your legal costs if proceedings are issued.