In this podcast, Bill Barton of Barton Legal dives deep into mediation, a powerful form of alternative dispute resolution (ADR).
He explains how this "without prejudice" meeting helps parties resolve disputes with the guidance of a neutral, independent mediator, keeping discussions private and off-record.
Key points covered include:
What is Mediation? A clear definition of this confidential process, designed to avoid the stress and expense of litigation.
Benefits: How mediation offers a quicker, less costly path to resolution compared to lengthy court proceedings.
When to Mediate: Bill's advice on initiating mediation as early as possible, ideally within the pre-action protocol.
The Process:
Preparation is Key:
Outcomes & Confidentiality: Mediation doesn't guarantee settlement, but it offers valuable insights and fulfils court expectations for attempting resolution. Crucially, all discussions are confidential and cannot be used in court.
Costs: Typically, parties bear their own costs and split the mediator's fees.
The Mediation Day: From the initial joint session to private negotiations facilitated by the mediator, and the vital step of signing a detailed, enforceable settlement agreement if a resolution is reached.
Bill emphasises the importance of being firm yet flexible during negotiations and invites listeners to contact Barton Legal for any questions.
More Barton Legal
Barton Legal website - https://bartonlegal.com/
Bill on LinkedIn - https://www.linkedin.com/in/bill-barton-bartonlegal/
Barton Legal on LinkedIn - https://www.linkedin.com/company/barton-legal-limited/
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