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Meditation is the modern, practical, commercial way to resolve disputes.
- Mediation costs less than going to court. Mediations start from as little as £100 plus VAT per party per day. See Charges page
- Mediation takes less time than going to court. Depending upon the availability of the mediator and the parties (and their representatives if attending) the mediation can usually be arranged within two to four weeks [link to mediator availability page]. Court proceedings can drag on for months and years whereas a mediation will normally take no more than one day.
- Privacy - mediation is a private process whereas most trials are held in public.
- Mediation is not risky – decisions will not be imposed upon a party to a mediation as they would be by a judge in court proceedings. No matter how strong a party feels his case is he can never guarantee the outcome of the litigation process and even after a trial the litigation can drag on if one or both parties appeal. At mediation, if a party does not like what is on offer they do not have to settle. Mostly, however, the parties are able to come up with a solution to which they are both prepared to agree to bring the dispute to an end.
- The parties retain control over the process. In court proceedings the procedure is determined by the judge and the rules of court. Mediation is a far more relaxed process. The parties maintain control over the mediation process and none of our mediators will force a party to be in the same room as the other against their will.
- Mediation can be an opportunity to repair damaged relationships (personal or business). Whilst the court process is adversarial in nature the mediator helps the parties work together to find ways to resolve the dispute.
- Mediation often results in a “win/win” scenario whereas court proceedings usually result in a winner and a loser or sometimes two losers.
- Mediation can result in creative solutions. The parties have an opportunity to explore methods of resolving the dispute in a way that a judge cannot. A judge has to determine the facts and apply the law to the facts to arrive at his decision whereas, in a mediation, the parties are not constrained by such matters and can often come up with creative solutions to solve their problems.
- Ignoring mediation can be costly! Judges have refused to award a successful party its costs because they did not mediate.
In July 2003 Lord Justice Lightman said: "Litigation is a high risk gamble - and the risks and burden of costs today are so substantial that for any well advised [person] litigation must be the course of last resort if any reasonable alternative is available…
The alternative of choice today is mediation. The law today increasingly recognises the value and importance of mediation as a social necessity…
Give mediation a chance. Give it a chance at the earliest opportunity…. In litigation there is only one winner and that is generally the lawyers. Mediation is not a universal panacea: it has its limitations and is not always applicable. But where it is available in my view no sane or conscientious litigators or party will lightly reject it…."
Is Mediation Always Appropriate?
Mediation is not, despite, all of the positives outlined above, always appropriate. It may, for example, be important to one party to a dispute to obtain a precedent. Sometimes the parties are able to negotiate a settlement on their own. There is obviously no point going to mediation if the parties are able to negotiate their own settlement. We would always, therefore, encourage parties to talk with each other in the first instance to try to settle their differences.
If you are unsure about whether mediation is right for you or your dispute please have no hesitation in contacting us [link] and we shall be happy to advise you. If a lawyer is representing you and has not considered mediation with you, raise it with them and refer them to our website.
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