Cost-consciousness and mitigation on the part of corporations have been the driving forces behind the development of mediation over the past year. As companies increasingly look to resolve conflicts cost-effectively and efficiently, mediation has grown to become a valuable alternative to costly and lengthy litigation and arbitration proceedings. Although it has not yet reached the heights and prominence that its practitioners believe it merits, they are in no doubt that the practice area has a bright future.

As the practice area has grown and developed, so has the role of the mediator: more often than not, this consists of aiding those involved in the preparation of a mediation, ensuring that they fully understand the process, through to conducting the mediation itself. Many practitioners highlighted that it is increasingly common for the parties involved in a mediation to not settle on the day. Instead, both parties use the mediation process to identify the strengths and weaknesses of their cases and their options going forward. After this further negotiations continue, and some arguments may be dropped or settled, or the case may be refined for litigation. The role of the mediator has evolved, and his or her task is no longer merely enforcing a settlement, but rather helping to build processes in order to achieve one; in short, to facilitate a dialogue between the parties. Many mediators view this shift as a sign of the development of the practice area, as it becomes better understood and recognised as a valuable form of conflict management.

 

With the cost of litigation and arbitration on the increase, mediation as an alternate form of dispute resolution seems likely to continue growing over the next few years. Practitioners are confident in the budding realisation among clients and fellow practitioners that the process delivers real value, both financially and commercially. This overall increase in understanding of the process leaves mediators assured of a promising and busy year to come.

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