A case can be initiated by a party filing a new case on-line with Mediating Works. We will then notify the other party or parties that the case has been filed and ask those parties if they agree to the process proposed.
At this point terms and conditions in the form of a client care letter will be drafted setting out our terms and conditions and to fit your particular dispute. After you have had chance to consider it and sign it we will begin the process.
Each party will submit a declaration agreeing to the process and agreeing to be bound by any decision where appropriate. They will then submit a summary of their case and any supporting documents by email to firstname.lastname@example.org and/or through Dropbox to assist in the Mediation process or in the Arbitration or Evaluation processes.
Parties should consider whether on-line resolution of their dispute or a paper-based Arbitration decision is going to be preferable to a face to face Mediation which will also be available upon request if all the parties agree. MW is happy to discuss the options with you and the other parties directly.
A neutral facilitator, accredited Mediator or Arbitrator will be appointed to the case and make contact with the parties directly.
Where Arbitration or Neutral Evaluation is chosen by the parties the Arbitrator or Neutral Evaluator will examine the facts and give a ruling from the documents you provide without the necessity of a personal appearance, quickly and without too much formality. This saves you being left with no resort but to embark upon costly litigation where you lose control of the outcome and goodwill between the parties is irrevocably lost. From the point at which the Arbitrator or Neutral Evaluator is appointed the decision and any award should be made within 30 days.
Where face to face Mediation is chosen by the parties a date and location will be arranged by Mediating Works with the parties. Where the on-line Mediation or facilitated negotiation option is chosen by the parties the parties will agree with the Mediator a preferred way to communicate remotely which gives maximum flexibility and allows for minimal disruption to your business. Methods of communication may include email, Skype and the use of Dropbox for a secure way to share confidential or lengthy documentation. The Mediator may agree with the parties a set timetable and in any event attempt to bring it to a conclusion within 30 days from the point at which the Mediator is appointed. Mediating Works has templates available for settlement agreements.
Mediating Works regularly reviews the rules underpinning its Arbitration and Mediation processes to make sure that they reflect current UK and international standards and best practice.