The Rahim Law Office (RLO) under the professional expertise of its Chief Executive Barrister Malik Talha Ahmed Rahim (AHC) do mediation, Alternate Dispute Resolution(ADR) and Arbitration as trust name since more than 09 years for our clients within Pakistan and also for clients across the border through video link.
These are the processes in which the parties discuss their disputes with his assistance, who assists them in reaching a settlement. It may be an informal meeting among the parties or a scheduled settlement conference. The dispute may either be pending in a court or potentially a dispute which may be filed in court. Cases suitable for mediation are disputes in commercial transactions, personal injury, construction, workers compensation, labor or community relations, divorce, domestic relations, employment or any other matters which do not involve complex procedural or evidentiary issues. Attendance at the mediation conference is voluntary by the parties, except where governed by statute or contract clause.
He being the mediator has an arsenal of negotiation techniques, human dynamics skills and powers of effective listening, articulation and restatement. The parties will fashion the solution as the mediator moves through the process. In many jurisdictions the mediator is an attorney but can not give legal advise while in the role of a mediator. However, the mediator’s subject area expertise may be beneficial to the parties in wording and framing the mediated agreement or in circumstances where the parties are open to neutral case evaluation.
BENEFITS TO PARTIES OF THE MEDIATION/ADR PROCESS
There are numerous reasons why a party to a dispute might choose mediation over traditional litigation or other forms of alternative dispute resolution. Some of them are affordability, timely resolution, private sessions, confidentiality, participation in the resolution of the dispute, and in many cases preservation of the interrelationship between the parties.
The cost of mediation is less than the average cost in time and money for the litigation of a dispute. The mediator’s hourly rate is generally lower than the hourly rate for a lawyer. Parties can often schedule mediation within weeks of a decision to mediate or a court order to mediate.
Mediators offer their services in the evenings, weekends and regular weekdays. There are no spectators to the mediation and whatever is said in the mediation can not be repeated or reported by the mediator to another party. The Settlement Agreement is the only record of the proceedings. The Agreement to Mediate which is signed by the parties prior to the conference will often remind the parties of the confidentiality of the session and that the mediator is not available as a voluntary witness in a trial of the matter.
The ability to fashion user friendly resolutions to a dispute is an attractive component of mediation. The parties are empowered to solve their problem in workable terms to achieve a “win-win” solution. This often promotes healing where one party feels tremendously aggrieved or allows the parties to continue their business, employment or personal relationship. In many cases the parties strengthen their working relationship for greater workplace efficiency.
HOW DOES IT WORK?
The conference is held at the office of RLO. However, the initial mediation may continue with subsequent telephone negotiations between the mediator and the parties where appropriate. Generally, the CE of RLO will employ face-to-face negotiations or conduct co-mediations in potentially inflammatory circumstances such as domestic relations.
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