CIVIL & COMMERCIAL MEDIATION

Civil and Commercial disputes are not limited to those that may potentially result in litigation. Any level of dispute wastes resources and is both mentally and emotionally draining.

 

In the modern litigation environment, winning a case does not necessarily result in the successful party making any substantial profit. Due to the new approach of the courts to costs, a successful litigant will often find that he does not recover his full legal costs. Indeed in more extreme cases, a successful litigant can be ordered to pay costs towards the losing party.

You do not have to wait until a dispute has reached legal proceedings before involving a mediator. The great virtue of mediation is its flexibility and the opportunity it presents to resolve disputes much more quickly and cheaply than by litigation or arbitration.

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The role of the mediator is to help the participants reach a solution to their problems and to arrive at an outcome that both parties are happy to accept. The mediator will be able to apply appropriate mediation techniques depending on the nature of the dispute and the wishes of the participants. The focus of mediation is to reach a common sense settlement agreeable to the participants.

Other advantages of using the mediation process:

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• 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 participants 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.

 

Mediation is a voluntary process and non-binding; however, once a solution is reached it is advisable for the participants to prepare a signed written agreement which will form a binding and enforceable outcome to the process.

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Mediation is an effective way of resolving disputes without the need to go to court. Should the participants, however, in the unlikely event fail to reach a settlement through mediation then their rights to make a claim in court will be unaffected.

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