Why Mediate?



Some of the many benefits of deciding to mediate rather than going to court:

Flexible Outcome
Parties can agree a result not within the court's power to award
Flexible Process
Mediation / early neutral evaluation / expert determination
Flexible Timing
Not dependent upon court listing arrangements
Flexible Location
Any convenient premises with 2 or 3 rooms
Speed of process
Often within 28 days of request
Joint Selection of Neutral
Choose who will hear your case
Parties control resolution
No imposed decision - agree, narrow the issues in dispute, or walk away (if prepared to go back to court).
Not bound by Court Rules
No legal technicalities e.g. about evidence or documents
Less disruptive of time
Avoid spending time on lists of documents, searching for evidence, and attending court as a witness
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
No need for lawyers...
...but they can help. Disputes are settled by considering the parties' interests, not just their legal rights.
Addresses imbalances of power
e.g. company or local authority v private individual
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.
Confidentiality
Mediation meeting held in private, and discussions all "Without Prejudice".


"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

 

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