
Why Mediate?
Flexible Outcome |
Parties can agree a result not within the court's power to award |
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Flexible Process |
Mediation / early neutral evaluation / expert determination |
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Flexible Timing |
Not dependent upon court listing arrangements |
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Flexible Location |
Any convenient premises with 2 or 3 rooms |
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Speed of process |
Often within 28 days of request |
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Joint Selection of Neutral |
Choose who will hear your case |
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Parties control resolution |
No imposed decision - agree, narrow the issues in dispute, or walk away (if prepared to go back to court). |
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Not bound by Court Rules |
No legal technicalities e.g. about evidence or documents |
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Less disruptive of time |
Avoid spending time on lists of documents, searching for evidence, and attending court as a witness |
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Reduced costs |
The costs of preparing for and attending a trial can exceed the amount at stake and exhaust funds - mediation often resolves disputes in a day and for a defined fee |
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No need for lawyers... |
...but they can help. Disputes are settled by considering the parties' interests, not just their legal rights. |
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Addresses imbalances of power |
e.g. company or local authority v private individual |
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Less disruptive to relationships |
Parties may not want to destroy their working relationship with a supplier, customer or business associate because of one dispute which (with goodwill on both sides) could be resolved compatibly with continuing that relationship. |
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Confidentiality |
Mediation meeting held in private, and discussions all "Without Prejudice". |
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"Today, sufficient should be known about alternative dispute resolution to make the failure to adopt it, particularly when public money is involved, indefensible" :
Cowl & ors v Plymouth City Council [2001] EWCA Civ 1935; [2002] 1 WLR 803, per Lord Woolf CJ
Cowl & ors v Plymouth City Council [2001] EWCA Civ 1935; [2002] 1 WLR 803, per Lord Woolf CJ