Taking a dispute over an inheritance through the courts have the classic problems of litigation. These are:

1. There is only one winner and one loser. Usually the winner is paid his legal fees (or a large part of them) and the loser pays for his own fees and possibly also the fees of the winner Litigation creates rancour and disharmony.
2. The litigation is costly-spending £30,000 per side on a dispute through the courts is not unusual.
3. A Court case will take at least 18 months and possibly more to arrive at trial.
4. The outcome is uncertain and often beyond your control.

The alternate solution is a means of resolving disputes that go back in time to the ancient Chinese and Greece where they realised that there was a better way of dealing with disputes.  That solution is of course “mediation.”

Some lawyers run away from mediation believing it to be something akin to witchcraft and a skill that detracts from the Courts process and detracts from the skill set that lawyers traditionally have.

Mediation is where a neutral person sits between the rival groups and by questioning and challenging views held by each group assist the parties themselves to arrive at the solution.  Mediation can take place at any point in a dispute and can even take place after litigation has commenced and even during a trial.

A skilled mediator can resolve any kind of dispute although a background in the discipline being argued over is useful. Mediation compares very well with litigation in that>

1. Both parties can achieve a result from the mediation. There doesn’t need to be an outright winner or an outright loser. You can leave a mediation still being able to speak to your opponent.
2. A mediation can be exceptionally good value. A mediator will charge between £1000 -£2000 for the day with the fee often being shared by the parties.
3. A mediation can be over in less than a day.
4. You are in control of the outcome. As mediations are consensual you cannot be ordered or compelled to do anything.

It is a simple task to look at mediation v litigation and realise which one makes more sense. Mediation can be used to resolve inheritance disputes. It can also be used in employment disputes, boundary disputes and just about anything. Think about it. When your lawyer says “Let’s go to court” who is he thinking of. It probably isn’t you.

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The way that Court litigation is costed means that it is very front loaded. A lot a fees are incurred in the initial preparation of both lawyers. The result is that the estate is diminished by those fees before you actually achieve anything.

Sensible lawyers will look to mediation rather than litigation as the use of mediation reduces fees and allows an early exchange of information and argument. Very often this will result in an early resolution and reduced fees.

A lot of lawyers look immediately to courts out of a sense of security as they don’t want to discuss the issues as they are sometimes not sure what they are.

Competent lawyers will look to exchange information early seeking an early resolution. You have nothing to lose. If you still want to you can go to court later if it doesn’t resolve.

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Mediation is a very effective way of resolving these disputes, and can often be suitable for several reasons.

Cost
Mediations cost about £1,000 per day.  That is the equivalent of approximately four hours work for a senior solicitor.

Result
Mediations focus the minds of those involved, resulting in more successful outcomes than court cases overall.

Mediations are unique
Litigation has one loser and one winner, where the loser usually pays for all the fees – often resulting in animosity between the parties. Although not always the case, mediation can work so that everyone has a positive result and the parties can remain on speaking terms.

If you are involved in a family dispute over a loved one’s estate – try mediation.

Contact us

Do you feel like mediation is the next step in solving your dispute?  Or do you just want to know more about the process? The team at St Helens Law are on hand to give you all the assistance you need. Simply give us a call on 01744 385171 to discuss this more or email us at info@sthelenslaw.co.uk. You can also fill out our online enquiry form to directly talk to a member of our experienced, friendly team.

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Mediation need not mean compromise.  Whilst a mediator may look for a common ground, a good mediator will by question and comment illustrate to a party to mediation the prospects of success or failure.

Mediation is mandatory in family matters ( save for a few exceptions) and can be used to resolve children or financial matters.

Mediation is helpful in commercial disputes where companies do not want to spend months tied up in litigation.  Contractual issues are especially suited to mediation.

Employee/employer disputes benefit from mediation. A lot of emotional energy can be present in employment disputes. Rather than end up at a tribunal a mediation can resolve a dispute and keep both employer and employee able to work together where perhaps a tribunal would not.

Contact us

Do you feel like mediation is the next step in solving your dispute?  Or do you just want to know more about the process? The team at St Helens Law are on hand to give you all the assistance you need. Simply give us a call on 01744 385171 to discuss this more or email us at info@sthelenslaw.co.uk. You can also fill out our online enquiry form to directly talk to a member of our experienced, friendly team.

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At this time, mediation can be a way forward. Mediation does not mean giving up your rights, but rather provides the option to balance your rights against risks and delay. Your claim for damages might be worth £100,000 or £1,000 but if delay means that you wont have the chance to obtain it until 2021 (and there is also a chance that you might then lose), a mediated settlement at say £65,000 or £650 which comes to you in 14 days might be something to consider.

Not all mediated cases end up being agreed, but as mediation fees are a fraction of court fees it is simply makes sense to try. Mediations usually take place face to face, but in accordance with social distancing guidelines we are now able to conduct mediations by Skype, Zoom or simply by telephone calls.

So if you are frustrated by the prospect of having to wait for your case to be determined, simply ask your solicitor about mediation. You have everything to gain and little to lose.

For more information contact our mediation and dispute resolution team on 01744 385171 or click here to email info@sthelenslaw.co.uk >

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Mediation is a cost effective, efficient way to resolve disputes of all kinds, such as family break ups, boundary disputes, service complaints, workplace disagreements and just about anything that you can have a disagreement about. Our trained mediators work with you to find an agreement that is acceptable to both sides.

#RatherThanArgue, call 01744 545533 or email info@sthelenslaw.co.uk for a FREE assessment with our mediation team, and let’s talk about how we can help you.

Alternatively click here to view our online guide to mediation services.

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Having been brought up to issue Court action at the drop of a hat, seeing the advantages of mediation has been an eye opening experience.

When I first qualified there were no protocol periods and no detailed letters of claim. The insurers had 14 days and then we issued Court action even before we had a medical report. Insurers routinely settled cases and then the Court decided that we had to have a medical report before we could issue and then they wanted statements and then protocols. Cases nowadays are so front loaded that costs are shooting through the roof even before the defence has been filed.

Boundary disputes, will disputes and just about any dispute going through the Court process is a very expensive experience. The other problem about Court hearings is usually there is a winner and a loser. If you win you usually are awarded your fees but if you lose it can cost a substantial sum even for the smallest of cases.

Avoiding stressful litigation can be achieved by mediation. Lots of solicitors even now respond to offers of mediation like you have suggested witchcraft! It is all down to knowledge. Solicitors who are trained in dispute resolution don’t fear mediation – they embrace it. For perhaps the first time you can sit down with your opponent and see the whites of his eyes and chat through the dispute. A good mediator will not only be looking for a way of resolving the dispute, but will be looking for a solution that gives something to both parties if possible. It might only be a reduction in costs, or a shortened process. But both parties can benefit from mediation whereas at court only one wins.

For instance, recently on a boundary dispute over a patch of land between two houses, the claimant and defendant were spending thousands on a piece of ground that neither even knew existed until a shed was moved. A mediation quickly established that the piece of land was important, as it allowed each party to access their garages at the back of the house. The mediation resulted in a shared driveway and an agreement as to maintenance between them. The process was completed for a fraction of the Court fees and also the parties were able to utilise the savings to have the drive laid down. No Court would ever have arrived at that resolution. Stress avoided. Costs avoided. Time saved.

Are we seeing the end of the litigation process? I think that the short answer is no. One of the factors that will drive a mediation is the alternative. Telling participants as to the costs of the alternative is a great way of bringing parties to their senses. Although there will always be someone who wants to “see you in court”.

Click here for more information on our mediation services, or click here to get in touch with our expert team

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The Centre is a Community Mediation Centre handling all nature of disputes such as family, neighbour, commercial and others. He is giving his time on a voluntary basis, attending at the Centre periodically.

The Centre was set up by Stephen Ruttle QC, in 2004 and is at the hub of the local community.

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Expressions such as “I don’t care how much it costs in legal fees” and “It is a matter of principle now” soon become “How much?” and “You never told me that it would be that expensive” when the case arrives at its first case management hearing.

Most building disputes are into the multi track either because of the value of the claim or because of the need for expert evidence. Once a case has been allocated to the most expensive of the tracks the brakes just seem to come off the costs involved.

It isn’t only the solicitors with their noses in the trough either. Court fees can now run into thousands as the Department of Constitutional Affairs seeks to make the Justice System self-funding. Counsel’s fees will be in thousands as will the surveyor once the case reaches trial. On an average multi track case the costs on a building dispute even post Jackson will amount to at least £20,000 per side. Which person these days can afford £40,000 if they lose their case?

Some costs can be ameliorated if there is Legal Expenses Insurance of one kind or another but that animal is quickly becoming as rare as an MP not claiming all of his expenses.

Fair enough-where do we go then to find justice? Where do the willing participants go to have their say as to their awful builder? Dom Joly isn’t available for us all.

The way forward now in these austere times is mediation. Yes mediation not meditation as one client suggested last week.

Not everyone understands mediation. So 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 1LTD 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 building dispute try mediation. It usually works.

Howard Nulty is an accredited mediator of commercial and workplace dispute. He is also a solicitor specialising in professional and clinical negligence.

Email: Howard.nulty@sthelenslaw.co.uk

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What are the options available to people who have a grievance with each other? Even lawyers now have to consider mediation before drawing the litigation pistol. The Court should be the last resort not the first.

A good mediator can bring about innovative solutions that would not be possible in a court. In a court one person wins and one loses. In a mediation there is a prospect of a solution where both feel that they have moved forward.

The great thing about mediation is that it is relatively cheap (about £500 for a day) and the solution is usually obtained on the day. Even if a result doesn’t happen on that day some problems resolve on later days that wouldn’t happen but for the mediator.

Mediation can be used for any dispute. Boundary or property disputes are especially likely disputes for mediation. Large fees, lots of emotion and long court cases are the home of boundary disputes when mediation can resolve the problem in a fraction of the time, a fraction of the cost and still leave it possible to speak to your neighbour.

Howard Nulty is a qualified mediator and solicitor.

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