Mediation

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Mediation is an alternative avenue to traditional court litigation and provides an effective means of resolving disputes cooperatively.  The process requires a neutral third party to act as a mediator, who acts as an intermediary between both parties.

It is recommended to have legal counsel act as a mediator, as they are aware of the legal rights and obligations relating to the dispute and the parties. Keeping the law in mind, the mediator can at the same time assist individuals in negotiating a fair settlement. The parties can also benefit from the lawyer’s skills in drafting the settlement agreement that is reached between them.

One of the main setbacks in such disputes is the lack of communication i.e. in family, divorce or business matters.  We assist parties in facilitating conversation; and from there, we can recognize the parties’ main interests, beliefs, anxieties, and hopes.  This leads to finding common ground and identifying key areas of dispute.    Only then can we work effectively towards a solution.  Our focus is to steer clear of bottom lines and help the clients harmonize their future affairs.

One of the greatest advantages of mediation is that it saves our clients time and money.  While litigation matters can take many months and sometimes years, mediation can be handled very quickly with little delay. This is because the mediator is often someone who has expert knowledge in the subject matter of the dispute.

Once an agreement is reached in mediation, it can be formalized into a legal settlement, without the need to attend Court.  In addition, it can be filed in the Court, and given the same weight and treatment as a Judge’s Court order.  Further, negotiation provides the parties with a say in the outcome; whereas in a Court, the decision is entirely up-to a Judge who will decide for you.

During mediation our discussions, while working towards the agreement are confidential and our clients can then be as open as they wish without worrying that it would later be held against them, while we endeavor to reach a fair agreement.  This process is particularly important where there are children involved and sustaining co-operative relationships is critical to the well-being of the family.

Should you wish to get in touch with one of our experienced mediators, please contact our specialist lawyers. Email us at info@twslegal.ae or call +971 4 448 4284.