One off Mediation sessions
There are many situations in which legal proceedings are necessary and are about to commence or are ongoing in which a single session of Mediation can be very productive.
For example negotiations are progressing with legal advisers or a hearing is proceeding in court but a single issue may have the parties stuck or is prolonging a Court hearing .If the parties are prepared to step into a neutral environment with a neutral Mediator it is likely that the block will be removed or at the very least the parties will acquire a fresh prospective.
Due to severe restrictions on legal aid many people now represent themselves as litigants in person in all types of litigation including some very complex cases.
Being a personal litigant is obviously difficult for the personal litigant but is also usually very difficult for the represented party who may find that the proceedings or negotiations become unduly prolonged and expensive as the Court has little choice but to provide guidance and additional time to the litigant in person. The lawyers involved for the represented party are in a very delicate position and cannot proceed with the robustness and expedition which he or she would use when negotiating with or opposing another lawyer in Court .
A Mediation session with a clearly neutral Mediator could help to assure a personal litigant and reduce the suspicion and lack of trust which permeates these situations where a personal litigant can well feel that the entire legal system is weighed against him or her however even handed, skilled and fair the Judge, Master or District Judge may be.
A properly conducted Mediation will give both parties the confidence that he/she can make and articulate his/her own wishes and decisions and thus lead to better communication and a more expeditious conclusion to proceedings.
Rather than adding to costs a one off Mediation session will reduce the costs, time and frustration of this particular situation.