Resolutions need to be robust with settlements that hold firm

 
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Mediation - the first option for companies in the Brighton, Hove, Eastbourne and Mid Sussex areas and throughout the UK


Resolving disputes at the earliest opportunity makes commercial sense.

Calculating the costs of litigation before embarking on an adversarial court-focused path is worth a discussion at board and senior management level. Don’t underestimate the time involved, costs and the risks involved in lengthy court proceedings.

Time to find an in-house alternative dispute resolution (ADR) champion?

Given the widespread support amongst the judiciary for ADR in the UK, mediation is difficult to avoid. Significant costs implications can result if there is no demonstrable attempt to resolve disputes prior to a trial.


First Mediation
Be Prepared!


Too close to a trail, lack of clarity around the full disclosure of facts or the lack of a frank and open discussion about the strengths and weaknesses of the case might limit resolution. Here’s one of the reasons why. Less formal than a court process, discussions in a mediation can have more breadth to include relevant past, present and future interests. 

The key to moving to a settlement without delay is finding common ground and that means being open to seeing all sides of the concerns. It is best for all parties to also understand the finances involved, and the tax implications before they arrive at the mediation table. Quite a lot of time can be wasted, whilst parties research and look at costs that they have not thought about prior to the mediation.  Some parties become dispirited, if they are waiting around whilst the mediator spends a great deal more time with another party because they do not have all the relevant facts and figures to hand.

Remember, mediation is not about persuading the mediator that your case is winnable. “I’ve not yet mediated a dispute that is 100% ‘winnable’ by one party”.  The mediator does not determine outcomes and instead enables discussions to move towards your own negotiated settlement. 


Suitable for Mediation

If there is any aspect of criminality involved, the answer is NO.  Beyond that, if the parties are prepared to take part, then mediation is always an option.


Paperwork

The Mediator is not a judge, or judgemental. Mediations are not a platform for pleadings or the presentation of documentation of relevant case law to the Mediator, however the Mediator does need to understand the dispute and to clarify any issues around the process before the mediation. It is encouraged that parties agree to one bundle of paperwork, ideally a lever arch file that the Mediator sees about a week before the mediation.
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For more information, call 07940 853 515
Email:  info@lucent-talking.com

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Choosing a Mediator
business and corporate mediation in Brighton, Hove, Eastbourne Mid Sussex  and the UK
Look for these essential qualities in a Mediator:

All of the five following elements are necessary for a confident Mediator:
  1.          Experience
  2.          Empathetic Listening
  3.          Creating a Calm Environment
  4.          Positive Encouragement
  5.          Subject Knowledge
The skills and experience of a Mediator plays a vital role to ensure all concerns are heard, and for this to happen, all five elements are necessary. Look for a lead Mediator who has mediated a wide range of disputes and is therefore confident to facilitate a discussion regarding your unique circumstances. 

Read more about choosing a mediator

For more information, call 07940 853 515
Email:  info@lucent-talking.com

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Mediation Myth Buster
business and corporate mediation in Brighton, Hove, Eastbourne Mid Sussex  and the UK
Mediating is a sign of weakness?

Quite the opposite – mediating makes complete commercial sense.  

It can be much swifter than the court process & far less expensive.

No judgments are made for you, as you are in control, not the judge.

Discussions are much broader & relevant because you can discuss past, present & future issues, facts & interests, in a way that isn’t possible in court.

It is private, the process is without prejudice, thus not limiting options at any point & yet written agreements are binding.
 
Read more about mediation myth busting


For more information, call 07940 853 515
Email:  info@lucent-talking.com

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New to Lucent Talking?

What to Expect

business and corporate mediation in Brighton, Hove, Eastbourne Mid Sussex  and the UK
Pre or post conflict, Lucent Talking is the catalyst for change.  The focus of attention is resolving disputes, enabling new conversations for clients to experience better results; not shining a light on Lucent Talking’s role.

You will not find comments from clients, lists of businesses or individuals we have worked with, as our work is entirely confidential. No claim of industry advantage either – it serves no purpose to our clients in their unique circumstances. We do claim many years of experience in lots of different scenarios: numerous face-to-face & shuttle mediations; commercial, human resources & neighbour disputes.

Our function is to facilitate a peaceful resolution & for you to maintain this better position. You can then progress your company for profitable objectives without distraction.

Our clients trust Lucent Talking to uphold the principles of neutrality & confidentiality during & post conflict to continue supporting new communication methods.

All contracts undertaken by Lucent Talking proceed once roles, functions, time, costs & expectations are clearly defined, agreed & signed in writing.
 
All communication with Lucent Talking is confidential
Contact
07940 853 515
info@lucent-talking.com

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