Mediation Services

It is now well understood that all parties to litigation are expected to consider the possibility of resolving their differences through Alternative Dispute Resolution (“ADR”). The courts have made it clear that an unreasonable refusal to consider and/or take part in ADR runs the risk of an adverse costs order.

Perhaps the most popular method of ADR these days is mediation, whether conducted before or after the issue of proceedings. It has a proven successful track record.

Mediation has a number of advantages including:

1. Flexibility - The parties decide venue, timescale and who should attend.
2. It is voluntary - Any party can decide to leave a mediation at any stage although, hopefully, as a matter of practice he or she will discuss matters with the mediator first.
3. Confidentiality - Mediation is both confidential and is conducted on a without prejudice basis. This encourages parties to engage in full and frank discussions.
4. It is far less expensive when compared to the court process which can cost many tens of thousands of pounds.

The mediator is an entirely neutral individual whose task is to facilitate discussions between the parties. He or she will act both independently and impartially. As the mediation process develops, the mediator will help the parties to work towards a negotiated settlement.

A mediator is not a judge or tribunal.  It is not his task to seek to impose a settlement. The parties are always in complete control of the process and it will be their decision to settle on whatever terms they find acceptable, which can include terms a court could not order.

The Mediation Process Explained - Click here