Mediation
Helping you resolve your commercial, workplace, contractual, neighbourhood disputes
Even if you are intending to commence legal proceedings, a court will generally require you to attempt mediation. If successful, mediation is very efficient and cost effective.Frequently asked questions
If your dispute involves complex legal matters, a mediator with legal knowledge will be in a better position to understand the issues at hand as well as the possible options. This may include the likely outcomes if the dispute were to end up in court.
The mediator is also better able to troubleshoot the agreements proposed and can help the parties understand their obligations once an agreement is reached.
As mediators are supposed to be impartial, a lawyer who has previously acted for you in a matter cannot also be a mediator in your dispute.
We can act as your lawyer on a different matter
Mediation gives you the opportunity to avoid legal proceedings which are usually stressful, slow and costly. It also allows you to solve your dispute in a creative way which takes into account both parties interests which may not be strictly resolvable in court.
If you go to court, one person wins and one person loses. In mediation, a win-win is possible.
Mediations are also private and what is discussed remains confidential unless agreed by the parties. When you go to court, the proceedings go on the public record and you may not wish for sensitive issues to be made public.
You and the other party have to agree to engage Mi Thian-De Wind as your mediator.
Your mediator will then review any material provided by you and the other party or your lawyers to get an understanding of your dispute.
The mediation can be held by video conference or in person.
At the mediation, both parties will have the opportunity to put forward their view of the dispute, and the mediator will assist the parties to identify and agree on the key issues, and to work on possible solutions.
Some discussions will occur jointly, and some will occur in private between you and the mediator, or between the other party and the mediator.
Everything discussed in mediation is confidential.
If an agreement is reached during mediation, this is documented in writing. Depending the particulars of your dispute, the agreement may need to be drafted by your lawyers.
Mediation works if both parties are able and willing to work towards a resolution. As this is not always the case, there is no guarantee that mediation will be successful.
We can mediate most personal and business disputes. These range from contractual disputes to neighbourhood disputes.
We are not able to mediate family law matters.
