To mediate or to litigate? That is the question

The advantages of mediation

You are engaged in a commercial dispute. That means that you might be committed to 18 months worth of litigation, which will be costly both financially and in terms of your time.

What do you do? You could mediate.

What is mediation?

Mediation is a voluntary process where the parties agree to meet to try and resolve their differences. The meeting is chaired by an independent mediator who has specialist training to help the parties reach a positive outcome.

What are the advantages of mediation?

I am very keen on the mediation process, and it has significant advantages in that:

• It is extremely flexible. The parties can try whatever they want to get to a settlement;
• The parties control the process;
• It is far cheaper than the litigation process;
• It is fast; from first referral to the day of the mediation can be as little as 3 weeks;
• The courts are keen on it and parties are actively encouraged to take part in the process before litigating.

Typically, a mediation will start with a round table meeting held between the parties and chaired by the mediator, and the parties will then break out into their own rooms with the mediator shuttling between them for the rest of the day. The aim of any mediation is to get to a final binding settlement on the day.

Mediation is highly effective with the majority of cases referred into the process settling on the day or shortly afterwards.

Mediation is not appropriate for every case, but where the parties want to settle it does offer a very sensible alternative to taking a case to Court.

Contact an accredited mediator

If you would like to find out more about how we can help to resolve your dispute, please call us on 0800 652 8025 or get in touch online.