Mediation

Mediation is an NSTA-approved, flexible, confidential process in which a trained neutral mediator actively assists parties to agree a negotiated agreement of a dispute

01.

What is mediation?

  • Mediation is a structured, flexible, voluntary and confidential form of alternative dispute resolution in which Sigma acts a neutral third party to help find a negotiated settlement to the dispute
  • A mediator does not decide the case on its merits (unlike arbitration or legal proceedings) but works to facilitate agreement between the parties - and it is the parties’ positions and opinions (not the mediator’s) which are important
  • Control is always retained by the parties whether to settle or not, and on what terms
  • Proceedings are confidential and “without prejudice” (meaning that what is said or submitted cannot be used in any later proceedings if the mediation does not find a final settlement)

02.

The benefits of mediation

  • Successful - over 80% of cases end in settlement
  • Mediations are quick - they can be arrangeed in weeks and most mediations only last a couple of days
  • Cost effective - compared with arbitration or legal proceedings, mediations offer an inexpensive route to settlement
  • Courts actively encourage mediation
  • The OGA encourages mediation to settle disputes
  • Mediation is voluntary but refusal to mediate may mean that courts later award costs against you
  • Mediation can be kicked off at any stage before or during court proceedings
  • Your legal rights are unaffected - if you can’t reach agreement, you can still revert to legal proceedings
  • Mediation is confidential and 'without prejudice'
  • Any settlement reached is legally binding once put into writing and signed by the parties

03.

How it works

  • Relevant information is shared by each party and the mediator - in person or online
  • The decision makers and their advisors then meet for confidential discussions - separately with the mediator and, by agreement, face-to-face with each other
  • Information shared with the mediator by each party is confidential and only disclosed to the other party by prior agreement
  • The mediator’s role is to help find agreement
  • The mediator may help a party test the strength of a case in private and may suggest how a proposed solution might be received by the other party. However, they will never take sides
  • The mediation itself normally only requires a day of management attendance

04.

Why use Sigma for mediation?

  • All our mediators are CMC qualified
  • Reduced costs - our in-depth UKCS experience means reduced explanation required for the dispute
  • Unparalleled experience in the energy industry - we understand the issue and options available to the parties
  • Choice of mediators - we can find a mediator with no conflict of interest in the case
  • We have mediators available in England and Scotland
Sigma accreditation

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