“Mediation involves using an impartial third party who helps both sides to a dispute to come to a mutually acceptable agreement, reduced to writing.”
The introduction of Rule 41A of the Uniform Rules of Court in positioning ADR as part of the litigation framework has broadened the mechanisms available to attorneys, judges and practitioners to tailor the resolution of disputes in a way that best serves the parties. Placing the parties to a dispute as a central component in reaching a binding agreement allows for the ownership of the ADR outcome and commitment to implementation of the settlement agreement in the long terms. It is important therefore that practitioners anticipate and cater for mediation as part of any litigation strategy.
To this end, PABASA has established a mediation panel comprising of PABASA members who are accredited as mediators and have experience in mediating different types of conflicts and disputes, both locally and internationally. This includes experience in working in complex multi-party disputes and high-value commercial disputes.
The benefits of mediation are well-known and include:
- clear anticipation of costs involved,
- a quicker resolution of the issues in dispute,
- and importantly an outcome that is wholly within the control and authority of the parties.
Mediation is increasingly relevant in our society and has become a viable and attractive dispute settlement mechanism.