Taking disputes to court is
expensive in money and time. In addition, court actions usually result in
considerable bad feeling that can last years and even decades. The publicity
can seriously damage people and businesses.
Profit Improvers can save you and your organisation
time, energy and expense. Here's how:
- Both parties, advised by their solicitors, agree to appoint an independent,
impartial mediator from Profit Improvers Ltd. The mediator will not be a
solicitor and will not represent any one of the parties. His/her only task
is to find a way of solving the dispute that BOTH parties are happy with.
- The mediator visits each party separately in their own premises to try
to find out what the real problem is and what kinds of solutions would be
acceptable. Several separate visits may be needed in difficult disputes.
- The mediator does not try to convince either party to accept any solution.
His/her job is to point out the pros and cons of any solution and to suggest
better alternatives.
- The mediator is under an obligation not to divulge any confidential information
whatsoever to any other person whatsoever.
- YOU DO NOT HAVE TO ACCEPT ANY SOLUTION AND YOU CAN STILL GO TO COURT IF
YOU THINK THAT'S A BETTER WAY FORWARD. YOU CAN PULL OUT OF THE MEDIATION
AT ANY TIME.
- Both parties agree in writing that the mediator will not be called as
a witness in any court case; that any initial thoughts and suggestions arising
from either side as a result of efforts to mediate are not binding nor an
indication of acceptance.
- When it is clear that a solution has been reached the mediator draws up
the draft agreement and passes it to the parties' solicitors for checking.
If the solicitors wish minor changes to the agreement to make them legally
safe, the mediator explains these to both parties and draws up the final
agreement.
- Both parties are brought together to sign the agreement, which is then
legally binding.
How much does mediation cost?
Fees depend on the complexity
and value of the mediation. An estimate will be given before mediation commences,
and you will be told immediately if the estimate has been reached.
You will also have to pay your
solicitor for their time in examining the draft agreement.