Mediation

Mediation, where a neutral third party facilitates negotiations between the parties to find a solution to the dispute, has become popular in a wide variety of disputes. Courts now actively encourage parties to consider its use.

Unless ordered by the court, the process of mediation is voluntary. It is confidential and 'without prejudice' (nothing said in the mediation is admissible as evidence in legal proceedings). Any settlement reached becomes binding once it is put into writing and signed by the parties. If parties cannot agree a settlement they are free to arbitrate or litigate.

Mediation has a number of advantages over litigation and arbitration processes:

• Successful - for example, over 70 per cent of cases settle when referred to the highly respected commercial dispute resolution organisation CEDR.
• Quick - most mediations are arranged within a few weeks (and can be arranged even more quickly) and the formal mediation session usually lasts for one or two days only.
• Cost effective - compared with litigation processes, mediation is a less expensive route to resolving disputes.
• Gives Parties - control over the process and the outcome. You can choose whether or not to settle the dispute.
• Mediation can run alongside litigation - or you may prefer to put the litigation process 'on hold' while you mediate.
• Mediation can maintain business relationships - far more effectively than litigation.
• A wide variety of settlement options can be achieved in mediation over and above monetary settlements.
• Informal and flexible - we are experienced at adapting the process to suit our clients' needs.

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