Talk Mediation is dedicated to the co-operative resolution of disputes by means of the classic mediation process. We are also able to provide further skilled services to large and medium sized businesses tailored to a fast moving commercial world where the identification, avoidance or resolution of disputes will save substantial management time, money and corporate resources, and leave client companies free to do what they do best.
Talk Mediation can advise the parties upon identification of the appropriateness of any of the following services and has the facilities and experience to provide these services.
On occasion in the commercial world, the parties need absolute certainty of immediate resolution. In the event that the parties find themselves unable to resolve their dispute through the process of mediation, or anticipate that they may find themselves in such a position, the process of Mediation/Arbitration provides that absolute certainty of resolution.
Mediation/Arbitration provides the parties with a strictly time limited opportunity to resolve their differences via the mediation process and thereafter, in the event that the dispute cannot be so resolved, a similarly time limited arbitration.
Talk Mediation provides trained and experienced mediators for the purposes of the mediation process together with experienced arbitrators qualified according to the requirements of the Chartered Institute of Arbitrators for the purposes of the arbitration process. The mediator/arbitrator team are empathetic to the different approaches to dispute resolution inherent in their respective disciplines and are used to working together for the purpose of resolution.
The arbitrator may, provide a preliminary view of the merits of each parties’ position in the course of the mediation stage. The mediator may, provide a further opportunity for co-operative negotiation in the course of the arbitration stage. Whether by process of mediation or arbitration, the parties are assured of certain resolution within the time frame desired by the parties and agreed by Talk Mediation.
2. Evaluative Mediation
On occasion in the commercial world, where disputes are dependent upon extremely specialist issues or other processes of resolution have already been tested and failed, evaluative mediation may be of assistance.
An evaluative mediator is not in a position to make a judgement binding upon the parties, but is placed in a position with the consent of the parties to challenge entrenched thinking, provide neutral expert opinion and require persuasion by either party on key points.
3. Single Expert Opinion
A Single Expert Opinion provides the same assistance as an evaluative mediator, but in writing, at an earlier stage of the dispute. The Single Expert is similarly not in a position to make a judgement. But he/she is placed in a position, with the consent of the parties, to define issues, point to strengths or weaknesses in each parties’ presentation or evidence, analyse the dispute and positively suggest mechanisms for resolution or a range of acceptable resolutions.
4. Facilitated Co-Operation
Mediation commonly arises after a dispute has occurred and on many occasions in the context of long running litigation with substantial costs already incurred by both parties. Both factors can cause substantial challenges for the mediator and the parties.
Talk Mediation believes that commercial parties, with sufficient foresight, can avoid such substantial challenges by early use and deployment of the skills and experience of Talk Mediation’s trained mediators. They can identify, on an independent and confidential basis, areas of potential dispute and achieve avoidance or very early resolution of potential disputes.
The process of Facilitated Co-Operation utilises classic mediation skills in pre contract negotiations and pre-formal dispute areas, such as complex contractual, human resources or service/standard management negotiations.
The co-operation Facilitator is both independent and available to both parties for communication upon a confidential basis. He/she is used to deploying mediation skills in order to analyse areas of potential dispute, identify areas of common interest not appreciated by the parties, and facilitate the rebuilding of trust or channels of communication.
Co-Operation Facilitators commonly work with parties upon a time spent basis with a wide remit, rather than a time limited basis with a defined remit as in the case of Mediators.