Mediation

Not everyone understands mediation. What exactly is it? Mediation simply is a process whereby participants to a dispute over just about anything can resolve that dispute or if not resolve take the dispute so close to resolution as to reduce the amount of costs considerably.

The Courts have recently stated in PGFII v OMFS Company Ltd that a failure to engage in mediation will result in some circumstances in legal fees being reduced or not awarded at all. Refuse to mediate at your peril.

Participants can be legally represented and there can be as many participants in the mediation as there are parties to the dispute.

Very often the participants will be in separate rooms for at least a part of the process and the mediator will rush between the rooms releasing what information the parties agree to be released if any.

The mediator will act sometimes as Devil’s Advocate asking questions to remind the participants of where the process is up to and the possible outcomes.

The mediator does not advise the parties nor does he provide opinions. He merely acts as a conduit for the process on a neutral basis.

The mediator’s fees are paid usually by each party jointly although this can be varied. The content of the mediation is without prejudice so if it fails to provide a resolution then what has been said is not used later in any litigation.

At some stage (in the majority of cases) a resolution is arrived at and is recorded by the parties. That resolution can involve financial compensation although not always.

The costs of the mediation will be a fraction of what would have been needed had the case gone to Court. The case will usually be concluded in the day as well as opposed to the years that it would take a case to arrive before the Court. A day with a mediator may cost as little as £500 per party.

So if you want a cost effective speedy solution to your dispute try mediation. It usually works.

To contact our Mediation team, please call 01744 454433, or click here to email info@sthelenslaw.co.uk >