Mediation is a process to resolve disputes without the need to go to court. It involves using an independent third party, a mediator, who assists both sides to come to an agreement. The mediator remains neutral throughout the process. Mediation is a consensual process and will only take place if both parties agree. Either party can withdraw from mediation at any time and do not have to accept any proposed solution.
If you have a claim against an individual or business you will want to weigh up the merits and cost of issuing proceedings before doing so. In some circumstances it may be appropriate to enter into negotiations with the other side before issuing proceedings. There is now an obligation upon parties to set out the basis of their claim to the other side and to see if matters can be resolved first before issuing any proceedings. In some specialist areas (building disputes for example) a protocol has to be complied with before proceeding to court. Potential claimants are also able to take advantage of mediation services (both provided through the court and privately) which attempt to resolve disputes without the expense of going to court. We can advise on all aspects of these procedures and will consider with you what is the most productive and economical route to achieve a positive outcome.
Court action is not always appropriate, and our dispute resolution experts strive to help you settle your dispute without the need for litigation. In our view, and that of the Courts, mediation is an excellent way of resolving disputes. It can be cheaper and quicker than going to court.
In over 80% of dispute cases where there is a mediation, this has resulted in a successful outcome.