Driver Trett Digest | Issue 20 - Magazine - Page 9
DIGEST | ISSUE 20
of heart. Agreement and the conclusion
of the settlement agreement is often
achieved in one day; although this is
typical in the UK, it can take much longer
in other countries.
A further consideration in relation to
mediation is the preparation which is
required for a successful mediation to take
place. Both parties need to have given due
consideration to the substantive elements
of their respective positions, as well as to
have reached agreement internally as to
what can, and cannot, be agreed during
a mediation. Getting the parties to reach
agreement as they edge closer to their
respective “red lines” requires skill and
experience, as well as an understanding by
the parties as to the increasingly limited
(and more expensive) options available to
them should agreement not be achieved.
To summarise, in any form of alternative
dispute resolution, which involves a neutral
party, that neutral party helps to mitigate
situations whereby two parties are trying to
resolve a dispute, unsuccessfully, between
themselves. However, that neutral third
party comes at a financial cost, and with a
timetable which may not suit the parties.
It also moves control of the dispute away
from the parties themselves, and towards
an individual with no vested interest in the
outcome, which some parties may find
difficult to accept.
When considering whether negotiation
or mediation (or indeed another form of
alternative dispute resolution) is most
appropriate, it is important to consider
a number of different factors, including
the time and cost involved, the status
of any previous discussions which have
taken place, commercial decisions as to
matters such as business relationships
and future workload, and the realistic
opportunities for an agreement to be
reached.
There is no “one size fits all” approach, and
the parties must think carefully about how
to achieve the most acceptable outcome
in the circumstances.
8
9
