When there is a dispute between two parties, there are various options available to resolve it and issuing Court proceedings should really be the last resort in most cases.
Mediation is a type of alternative dispute resolution, commonly known as “ADR”. Mediation allows legal disputes to be resolved without any formal Court proceedings and is separate to the Court’s more formal system of resolving disputes.
What does a Mediator do?
If the parties agree to mediate, the costs of the mediation are usually shared equally between them. The parties will jointly agree upon the choice of mediator and the papers to be provided to the mediator beforehand. A mediator is a completely independent third party whose role is to review the facts in dispute and in an entirely confidential and without prejudice setting. The mediator’s job is to bring the parties together and endeavour to reach agreed settlement terms. If settlement terms are agreed, they will be recorded in writing and the agreement will be signed by the parties, following which it will then become binding and legally enforceable.
While there is no obligation on parties to a dispute to mediate, the Court can impose sanctions for an unreasonable failure to do so – usually a costs order, and we encourage all parties to give mediation serious consideration at the earliest opportunity.
Our Litigation Team have extensive experience in dealing with mediation and have a proven track record of achieving settlement terms through the mediation process. We offer flexible funding arrangements and would be happy to discuss the mediation process with you in confidence.