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What is mediation?

Mediation is one of the most commonly used methods of alternative dispute resolution (ADR). In mediation, an independent and neutral advisor works with all parties to allow them to reach a mutually acceptable agreement or solution without taking the matter to court. The mediator’s role is not to advise or issue a decision. Instead, they will ask questions that help to reveal underlying problems, assist the parties to understand the issues and help them to clarify the options for settling their disputes.

Courts encourage mediation and, although the process is voluntary, it’s important to know that refusing a request to mediate may weaken your position if the case is taken before a judge later.

What are the benefits of mediation?

  • Effective – Mediation has grown in popularity because it has a high settlement rate.
  • Efficient – Disputes can be resolved faster than going to court. Statistics indicate that more than 70% of mediation cases settle either on the day or shortly thereafter.
  • Cost effective – Resolving a dispute through mediation is much less expensive than going to court.
  • Confidential – Mediation allows the dispute to remain private and can also be less disruptive to a business or a family.
  • Flexible – Parties work with a specialist mediator to explore the dispute and all the possible solutions together.
  • Less formal than going to court – Fewer people are involved in mediation than when you go to court.
  • Rewarding – A mediator’s role is to assist communication between the parties, not to make or impose any decisions; The involved parties control the outcome and work together to come to a win/win agreement.
  • Forward looking – Working together in mediation can benefit professional relationships and build a strong foundation for any future negotiations.
  • Can result in a legally binding agreement – Although the process of mediation is not legally binding, it can result in a legally binding settlement document that should have the same strength as a court order.

How our mediation services can help

Mediation can be used to resolve a wide range of disputes and our accredited mediators are specialists in their field. We can help you fully understand the merits and implications of the case and explore all the available options for resolution.

We advise a wide range of commercial, civic and private clients and we regularly provide mediation for:

  • Construction disputes, including breaches of contract, final account, delay, extension of time, loss and expense, defects, insolvency claims, and professional negligence claims involving engineers, surveyors, architects and solicitors Divorce and family disputes, including financial arrangements, and child maintenance and custody
  • Shareholder and partnership disputes
  • Welfare disputes between family members and families and public authorities, including disputes about mental capacity, finances, safeguarding and medical treatment
  • Will disputes

Why choose Clarke Willmott for mediation

Alex Jakubowski is a highly respected figure in the market, earning praise from interviewees who say: ‘He is methodical in his approach, while offering sound technical and strategic advice’.” Chambers UK 2018

“Delivers to a defined deadline and budget.” The Legal 500 2015 speaking of Andrew Beedham

“I don’t think we could have had a better solicitor to help us through this. We have all worked well together no matter how complex it all became. You have a way of keeping things logical, sensible and of taming us even when tempers are high.” Client of Mark Scotney

Peter McHugh is very easy to get on with, he listens and is quickly able to grasp the issues and deliver swift results.” Client

Gareth Schofield is lauded as ‘one of the heavyweight matrimonial solicitors’ in the region.” Chambers UK 2018

Anthony Fairweather is ‘very knowledgeable’.” Legal 500 2017

Contact an accredited mediator today

Our accredited mediators based in Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton, are ready to discuss your case.

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

Your key contacts

Peter McHugh

Partner & ADRg Accredited Mediator

Peter McHugh is a construction law specialist, acting on behalf of contractors, sub contractors and employers in disputes of all sizes and types.
View profile for Peter McHugh >

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