I’ve heard it said that being involved in a legal dispute is like dancing with a gorilla. You can only stop when the gorilla decides!
I have launched Embrace Mediation because I want to provide business with an accessable alternative to litigation that is not only effective but also able to provide a legally binding agreement in a way that is typically less emotionally demanding, less time consuming, lower cost, and without the risk associated with judgement in court.
But what is a mediator?
A mediator is independent, neutral, non-judgemental, non-advisory, and will not comment on any personal perception of relative strengths or weaknesses of positions taken by the parties in dispute.
Of course, parties must understand their legal position and have access to advice, but they should expect the mediator to keep the process concentrated on finding fair settlement, typically in a single day, and to avoid positions becoming polarised around alternative interpretations of the law and guessing what a judge might rule.
The mediator will create a structured conversation where any emotional background or communication issues between parties can be accommodated and dealt with to allow focus on understanding the real issues and interests behind the dispute, and to explore flexible settlement.
David Fatkin aca
CMC Registered Mediator
“Resolving Business Disputes”