Mediation

Mediation is one of various methods of Alternative Dispute Resolution (ADR) aimed at trying to settle disputes other than by a judge deciding the case in court. Mediation is:

• voluntary and informal – it can be tailored to meet the needs of the particular parties or the particular dispute
• ‘without prejudice’ and confidential
• non binding unless and until a settlement is reached
• available both before court proceedings are started or while they are going on

Usually an independent mediator, chosen by the parties, arranges a meeting with everyone present.  Instead of hearing evidence from witnesses and making a binding decision, as a judge would do, the mediator works together with the parties to try and find an acceptable compromise.  Since the mediator can consider a whole range of issues which the court cannot, creative solutions can be arrived at which would be beyond the powers of a judge.  Mediation is particularly useful where the parties hope to maintain a continuing business or other relationship. 

We are involved in a number of mediations each year.  As mediation success rates are high we consider mediation in all litigation cases as well as other forms of ADR such as round table meetings and arbitrations. These days if court proceedings are issued an unreasonable refusal to mediate can be punished by a costs order against you.  

One of our partners is an ADR Group Accredited Mediator.  As a result we can assist with the selection of suitable mediators and we have a set of rooms in our Guildford offices which are ideal for mediations.

To speak to someone who can help if you would like to consider mediation, call, email or request a call back from one of our specialist lawyers.