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Mediation Leaflet - Festival Housing

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WHY SHOULD I GO TO MEDIATION? I WANT<br />

MY DAY IN COURT!<br />

The court rules now say that going to court should<br />

be a last resort. Parties in dispute should look to find<br />

alternative ways of resolving their dispute, such as<br />

mediation. If you unreasonably refuse to mediate<br />

then - even if you win at court - a Judge can refuse<br />

to award you costs and could make you pay the<br />

other side’s costs. The Government and the Courts<br />

know that Mediators -<br />

• Saves time<br />

• Saves money<br />

• Saves stress<br />

• Saves your reputation<br />

• Saves important relations<br />

WHAT HAVE YOU GOT TO LOSE?<br />

• “You can understand what’s going on.”<br />

• “I liked the informality - someone who<br />

could talk straight with me.”<br />

• “I have spent the last three years worrying<br />

about this and you have given me<br />

back my life.”<br />

• “ Thank you for listening to me - not<br />

talking at me.”<br />

• “Thank you Talk <strong>Mediation</strong> for being such<br />

a great team.”<br />

HOW MUCH WILL IT COST ME?<br />

It’s always going to cost you less than going to court.<br />

It’s always going to cost you less than the dispute<br />

dragging on. Both parties to a dispute usually pay<br />

one half of Talk <strong>Mediation</strong>’s fees. Fees are usually<br />

calculated on the value of the claim and always<br />

agreed with each party before the mediation starts.<br />

We’re ready to quote - and we’re always cost effective.<br />

Visit our Website for more info &<br />

frequently asked questions.<br />

Web: www.talkmediation.co.uk<br />

there’s a better way . . . . .<br />

Visit our website for more information and<br />

frequently asked questions:<br />

Web: www.talkmediation.co.uk<br />

Talk to us without obligation:<br />

Tel: 01432 267832<br />

Email: enquiries@talkmediation.co.uk<br />

The Mews,<br />

19 – 21 King Street,<br />

Hereford<br />

HR4 9BX<br />

talk<br />

mediation


WHAT’S YOUR PROBLEM?<br />

• That car they sold me . . .<br />

• My builders . . .<br />

• My staff can’t work together . . .<br />

• They’ve moved my boundary fence . . .<br />

• The company’s not going the right way . . .<br />

• My operation went wrong . . .<br />

• My marriage . . .<br />

• Those neighbours . . .<br />

• I suffered this injury . . .<br />

• They owe me money . . .<br />

• My family have fallen out over the will . . .<br />

• My business oartners don’t understand . . .<br />

WHAT ARE YOU GOING TO DO ABOUT IT?<br />

• What do you want?<br />

-Compensation? An apology?<br />

-Acknowledgement? Recognition?<br />

-Reconciliation? Avoid bad publicity?<br />

-Problem sorted quickly and effectively?<br />

• Are you going to end up in court?<br />

• Do you really want to be in court?<br />

• Can you afford to be in court?<br />

• Will going to court sort your problem out<br />

quickly & cost effectively?<br />

there’s a better way . . . . . . . . . . .<br />

WHY NOT TRY MEDIATION?<br />

• It’s quicker.<br />

• It’s cheaper.<br />

• It’s confidential<br />

• You stay in control.<br />

• You decide how to solve your problem.<br />

Talk <strong>Mediation</strong> have a panel of experienced mediators<br />

across the U.K. We can help you find a solution without<br />

going to court. Even if court proceedings have been<br />

started we can help.<br />

Talk <strong>Mediation</strong> offer mediators with all kinds of<br />

experience. We have mediators with legal backgrounds,<br />

surveyors, accountants, management<br />

consultants, academic professionals, business people<br />

who have been involved at director level in companies<br />

both large and small.<br />

Talk <strong>Mediation</strong> is accredited as a mediator provider<br />

by the Government’s Civil <strong>Mediation</strong> Council. We<br />

are members of the National <strong>Mediation</strong> Helpline. An<br />

experienced and professional service guaranteed.<br />

WHAT DOES A MEDIATOR DO?<br />

The Mediator acts as a ‘go between.’ They are neutral<br />

and independent mediators that listen to each side<br />

of the story in confidence. They are in the unique position<br />

of seeing the bigger picture behind the dispute.<br />

Mediators can therefore help the parties move from<br />

entrenched positions towards a mutually acceptable<br />

solution. Judges have to decide who is right and<br />

wrong according to the law, and then impose a<br />

legal judgement upon the parties. Mediators help<br />

those involved in a dispute towards a compromise,<br />

with which all are satisfied - because with the skilled<br />

help of the mediator, the compromise was invented,<br />

discussed and agreed between the parties themselves.<br />

HOW DOES MEDIATION WORK?<br />

• One or both of the parties contact us.<br />

• We nominate suitable mediators and the<br />

parties chose one.<br />

• A date is set up for the mediation on neutral<br />

territory<br />

• The mediator contacts the parties to chat to<br />

them before the meeting<br />

• The Mediator asks the parties to provide<br />

relevant documents for the meeting<br />

• At the meeting the parties give a brief<br />

summary of their position.<br />

• The mediator then sees each party separately<br />

to find out:<br />

What each party really about the argument<br />

What the real issues are;<br />

What areas of potential agreement there might be;<br />

What areas of dispute might remain;<br />

What each party actually wants from the meeting.<br />

and remember . . . . . .<br />

• The mediator keeps everything he is told<br />

confidential - unless told otherwise, unless<br />

you want them to.<br />

• The mediator acts as a go between,<br />

helping the parties find their real interests,<br />

and previously unseen common ground.<br />

• Any party can walk away anytime.<br />

• Whether agreement is reached or not<br />

everything said at the mediation remains<br />

private and can’t be repeated in court.<br />

• When the parties reach an agreement and<br />

want it to be binding the mediator can help<br />

write an agreement.

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