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Mediation is a process of structured negotiation between the parties. The mediator is an independent third party whose role is to facilitate negotiations between the parties. The negotiations are on a ‘without prejudice’ basis and the parties are not bound to settle their dispute. The mediator does not give an award or make a decision but any settlement reached by the parties will be recorded in writing and will be final and binding. The settlement can be enforced but not in the same way as an arbitrator’s award. The parties can walk away from the mediation at any stage.
Mediation is intended to be a quicker and cheaper option than arbitration (or litigation). It can be used prior to or at any stage during arbitration or litigation.
To engage with the bfa’s mediation service please contact us on 01235 820 470 or email mailroom@thebfa.org.
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