If you have a claim against another business or an individual, 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 court proceedings.
What is Mediation?
Mediation is a process for resolving disputes without the need to go to trial. It involves using an independent third party, a mediator, who assists both sides to come to an agreement. The mediator remains neutral throughout the entire 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.
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 the best option. In such cases, our Dispute Resolution Experts strive to help our clients settle their 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, and can also result in a better outcome for all involved – data has shown that there has been a successful outcome in over 80% of cases where the parties engaged in mediation.
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Contact our Dispute Resolution Solicitors in London, Surrey and Middlesex
At Owen White & Catlin, our solicitors are experts in Dispute Resolution and have advised and represented many business clients in mediation in order to settle a dispute. For more information on how we can help you, contact us using our online enquiry form, or call us directly on one of our office numbers.