"DON'T LITIGATE - MEDIATE"                                                                            

MEDIATION

What is mediation?

Mediation is one of the fastest and most cost effective methods of achieving a satisfactory result to a dispute for all parties involved. It is the most popular form of Alternative Dispute Resolution (ADR) and is being increasingly encouraged by the courts to be considered as an alternative.

Chambers strive to help find creative solutions, and work closely with other professionals with experience in counselling and finance. We do not take sides or make judgements, and we remain impartial.

Mediation is a voluntary process in which parties try to resolve their disputes at a confidential meeting at which a trained mediator will explore with the parties the options for settlement.

His Honour Judge Neil Butter QC, who established the mediation scheme at the Central London County Court, contended: "...mediation is quick cheap and informal. The striking feature of the whole process is the high level of consumer satisfaction. Many mediations end with the parties shaking hands and going out together. You don't often see that in courts of law."

What are the advantages of mediation?

  • Court proceedings can be very expensive and take many years to conclude. The options at court might also be limited with parties at the mercy of a judge to what result is awarded. With mediation, however, the parties are the architects of the solution and can create a result that is beneficial to both parties in a way that a court could not. 

  • As you are able to mediate at any time in a dispute, your problem can be over faster and more cost effectively than if you went to court.
  • The mediation process is 'without prejudice'. Therefore, if a settlement is not reached litigation may continue without the participants having any concerns about having disclosed anything during the mediation that the other could later use in court. 
  • Mediation is very flexible. It can take place at any time. It is arranged at a venue convenient to the participants, who generally will each have their own room as well as a separate room for joint meetings. 
  • Mediation can avoid the dissatisfaction and uncertainty often experienced in court or at arbitration where parties must accept the judgement or award made. 
  • Mediation is entirely confidential to the participants. 
  • Mediation is voluntary. Either of the participants may withdraw at any time. 
  • Control of the mediation process lies with the participants. 
  • Both parties share the cost of mediation which will vary depending on the complexity and value of the claims.

His Honour Mr Justice Lightman said: "...the necessity for Mediation in our legal system is the product principally of four factors. The first the ruinous cost of litigation, second the unpredictability of the outcome of litigation, thirdly the lengthy period of uncertainty and anxiety for litigants until final resolution of disputes by the Court and fourthly, the ever diminishing availability of mediation."

 

Mediation Video

Want to know about Mediation? This short film (23mins 58secs) gives an idea of what mediation can look and feel like. Every mediation is different but this film is based on a real-life case using a mediator and with professional actors in the other roles:

 

 

 

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                                  "DON'T LITIGATE - MEDIATE"