Mediation – In Simple Terms
Mediation can be used to resolve almost all types of civil disputes, including professional negligence, personal injury, breach of contract, money disputes, bankruptcy, wills and probate disputes, trust disputes, charity disputes, guardianship disputes, land or property disputes, landlord and tenant disputes, neighbour disputes, intellectual property disputes, and defamation.
What is Mediation?
Mediation is a flexible and confidential process used to settle disputes between two or more individuals, businesses, or organisations. It involves an independent and impartial mediator who helps the parties discuss the issues, negotiate, and reach a mutually agreeable solution. Mediators are not judges and do not decide who is right or wrong; their role is to facilitate agreement only.
When to Use Mediation
Mediation can be conducted before legal action is taken or while legal proceedings are ongoing. It is best to mediate as soon as possible to minimise the time, money, and stress involved in the dispute. It also helps to narrow the issues between the parties early on and identify any matters not yet discussed. If a court claim has already been started, the court can pause (“stay”) proceedings to enable the parties to attend mediation without the pressure of looming court deadlines.
Offering to Mediate: A Sign of Weakness?
Not at all. Offering to mediate can be empowering, as it demonstrates a proactive approach, and at a mediation, the parties remain fully in control.
Benefits of Mediation
Mediation is completely voluntary and entirely in the hands of the parties involved. All discussions are entirely without prejudice, meaning the parties can discuss any matters without fear of harming their case should it proceed to court. In addition, a mediation settlement can include terms that courts cannot order, such as an apology or specific non-monetary agreements.
Do We Have to Be in the Same Room?
As the process is completely flexible, the mediator will usually decide the best arrangements for the parties. Sometimes, it can be beneficial for everyone to meet face-to-face, whereas in other cases, separate discussions may be more productive. There are no fixed rules for how a mediation should be conducted.
Is Mediation Generally Successful?
Approximately 80% of mediations result in a settlement, either on the day or shortly thereafter. Mediation is a highly effective and cost-efficient way to resolve disputes. If you would like to discuss a potential settlement or learn more about our mediation services, contact Griffin Law for further information.
Griffin Law is a dispute resolution firm comprising innovative, proactive, tenacious and commercially-minded lawyers. We pride ourselves on our close client relationships, which are uniquely enhanced by our transparent fee guarantee and a commitment to share the risks of litigation. For more details of our services please email justice@griffin.law or call 01732 52 59 23.
