Mediation and Conciliation

Conciliation is a voluntary, flexible, confidential, and interest based process. The parties seek to reach an amicable dispute settlement with the assistance of the conciliator, who acts as a neutral third party.

The main difference between conciliation and mediation proceedings is that, at some point during the conciliation, the conciliator will be asked by the parties to provide them with a non-binding settlement proposal. A mediator, by contrast, will in most cases and as a matter of principle, refrain from making such a proposal.

Conciliation is a voluntary proceeding, where the parties involved are free to agree and attempt to resolve their dispute by conciliation. The process is flexible, allowing parties to define the time, structure and content of the conciliation proceedings. These proceedings are rarely public. They are interest-based, as the conciliator will when proposing a settlement, not only take into account the parties’ legal positions, but also their; commercial, financial and / or personal interests. Like in mediation proceedings, the ultimate decision to agree on the settlement remains with the parties.

MCN Mediation service can be used to resolve all civil and commercial disputes of families, individuals, community and businesses including: Personal Injury, Medical and Legal Malpractice, Employment, Contract and Family Law matters.

Mediation services & fees

As one of the largest providers of mediation, MCN provides businesses, the public sector and their legal advisors with a truly bespoke service that is tailored to their specific requirements using highly skilled mediators from the MCN Mediator Panel and support and guidance from our team of skilled case handlers.

Fixed Price Mediation

We provide mediation conducted by MCN Panel Mediators for a fixed price that covers all pre-mediation preparation and mediation time on the day itself*. MCN will select the mediator on the parties’ behalf or, for a small fee, a shortlist of mediators can be provided from which the parties can choose.

Project Mediation

Project mediation is designed to help support the successful delivery of a project by identifying and addressing problems before they turn into disputes regarding payment and delay.

Scheme Mediation

We provide mediation services on behalf of, or in collaboration with organisations.

The MCN Mediation process has an average duration of 60 days and a success rate of 90%.

 

Starting of the Mediation

The procedure starts with the filing of the request for mediation by any one party or both parties together. MCN case handling team contacts the other party to persuade them to join the mediation process and if both parties agree, summons both the parties at one of the mediation location/ venue of choice.

Lack of Participation

In case the other party does not accept the invitation to mediate even after several ways to bring the other party on table, this attempt is made at least three times over a period of two weeks and the process of mediation is aborted thereafter if the other parties do not consent to participate. MCN is paid its nominal registration fee and other logistics costs if any for case handling to this stage and no other compensation or mediators fee is charged.

First Meeting

If both parties accept the invitation to mediate, MCN appoints a mediator from its panel and with consent of both the parties we proceed with the first (preliminary) meeting between the mediator and the parties, assisted by their lawyers, even by video-conference. Said meeting takes place within 30 days from the filing of the application, it is designed to verify the real possibilities of success of the conciliation and, if possible, to schedule the execution of the procedure.

Mediation Meetings

If during this preliminary meeting the parties and the mediator consider that there are the conditions for the possible amicably resolution of the dispute, the mediation process continues immediately, or in a subsequent meeting planned jointly. This happens especially when the parties need time for inspections, producing or the exchange of documents and, in general, carrying out all those acts intended to facilitate a positive outcome of the procedure.

Successful outcomes

The settlement agreement reached by the parties, is signed together with the lawyers and taken into the court for a decree, for binding on both the parties.