Reasonable minds can agree to differ
“Reasonable minds can agree to differ” was a phrase used at a mediation as a way of encouraging dialogue which led to deadlock being avoided.
When you came into our Reasonable Minds section you stepped out of law to beyond legal services which offer more flexibility solutions with a minimum of stress and unpleasantness and no court fees.
We offer dialogue through mediation as the first process to settle your dispute. Once the facts are known and legal opinions obtained then we will act as mediator for the parties in dispute.
The services we offer
If you know the facts, have already received legal advice and perhaps the advice of other experts and vitally that you have a genuine desire to resolve your dispute without going to a court or arbitral hearing then these service are for you.
We offer two services that are completely separate and polar opposites of our legal service through Cox Minhas. You cannot have both services in the same case and you cannot have either if we are already committed to acting to acting as lawyers for your opponent or are in some other way we are not impartial.
The first service is an offering for all the parties to the dispute not just you. For this to be possible you and they need to agree to it. The first service we offer is as mediators to provide a settlement dialogue and ultimately facilitate a resolution to the case.
Both you and the other party will be asked to sign a confidentiality agreement so that all of the discussions which take place cannot be repeated by you in court or elsewhere and enjoy the status of being legally privileged. What this means is what you say in the course of the discussions remains confidential.
We then invite you to provide your information and key documents supporting your case and make arrangements for a meeting to take place lasting from half a day to a whole day at a suitable location where meetings and discussions can take place leading to a settlement.
You would want to run this past your legal advisers to be sure you were not risking prejudicing your rights. We certainly encourage you to do so but ultimately it is your case and only you can decide how you want to deal with it and it is for you to make an informed decision.
We have a range of locations we can offer you to suit the parties.
As a result of the process a settlement will occur usually on the day or if not within a short period afterwards. We will stay engaged to help if the matter overruns as you wish.
But no settlement can occur without each party involved signing a settlement agreement and if your lawyers are not with you at the mediation it`s worth having them on standby.
We have a high success rate and only three of our cases in 35 years have gone to a full trial.
The second service would be just for you. You would be asking us to take your side and advise you how to prepare your case for mediation, help with mediator selection and representing you at the mediation. We wrote about how best to do this back in 2003 and much of that advice remains current. To some extent our involvement might involve some legal advice if you had not already.