Mediation & Settlement
An agreed outcome, without a trial.
At Matt and Zen we prepare clients for mediation, represent them on the day, and record what is agreed so that it holds afterwards.
Mediation is not a soft option. It is where most disputes actually end, and a day of it decides more outcomes than the hearings that rarely follow.
It works because it is confidential and without prejudice. Both sides can explore an outcome without any of it being used against them if the matter carries on.
Scope
We can assist with the following, and more.
Preparing
- Assessing the position, and the realistic range of outcomes
- Deciding what you actually need from the day
- Preparing the material the mediator will read
- Agreeing who attends and who can authorise a settlement
On the day
- Representation at mediation
- Negotiating terms as they move
- Checking what is being agreed before it is signed
Recording it
- Drafting settlement agreements
- Confidentiality and non-disparagement terms
- Making sure the settlement is final and enforceable
- Terms of payment and what happens if they are missed
Where it applies
- Employment matters
- Commercial and contract disputes
- Disputes between members or officers of an organisation
- Property and neighbour disputes
Confidentiality
What is said at mediation stays there.
Mediation is confidential and conducted without prejudice. An offer made in the room cannot be produced later as evidence of weakness.
That is precisely what makes it work. It allows a party to test an outcome they would never put in writing while a hearing is still possible.
The exception is the settlement itself. Once terms are agreed and recorded, they are binding, so what goes into that document matters more than anything said during the day.
Questions
Frequently asked questions.
Is mediation binding?
The process is not. The settlement is. Nothing binds you until you sign the terms, and then they hold.
Do I have to be in the same room?
No. Many mediations are conducted with the parties in separate rooms and the mediator moving between them.
What if we do not settle?
The matter carries on, and nothing said during mediation can be used. You will usually come away knowing the other side’s position much better.
Who chooses the mediator?
Usually the parties, by agreement. In employment matters there is a government mediation service you can use at no charge.
Can a settlement be reopened?
Not if it is properly drafted and recorded. That is the point of having it done carefully on the day rather than later.
Should I bring a lawyer?
For anything significant, yes. The terms are agreed and signed in the room, and that is a poor moment to be reading a document for the first time.