This article is aimed at individuals and companies who wish to resolve their legal disputes that have been ongoing, costed you money, time, stress and high legal fees.
You can opt for Mediation at any time, regardless of whether you have issued court proceedings, appointed legal representatives or not.
What is mediation?
Mediation is a flexible, voluntary and confidential form of Alternative Dispute Resolution ("ADR") recognised by the courts in the UK and internationally.
Why should I mediate?
Mediation is the most popular form of ADR and widely encouraged by the courts in the UK and internationally. Parties who fail to engage in mediation can be and are often seen to be heavily penalised by the courts through cost sanctions.
What are the benefits?
There are many benefits of mediation as one of the most preferred method of ADR. Some of these benefits include:
- It is voluntary as both parties chose to mediate, it is not imposed
- It is entirely confidential until a settlement is reached between the parties when both parties sign the agreement
- It helps overcome communication problems
- It allows you to resolve the dispute in a day therefore it is speedy versus litigation which can take years
- It is cost effective as it saves you tens of thousands in legal and court fees
- The parties choose the mediator whereas they have no control over the choice of a judge
- The deal or settlement reached is flexible and aimed to suit the needs and requirement of the parties. The parties retain control of the settlement and can decide what they agree on their terms. The power is in their hands.
- The parties often reach a settlement which is more favourable than what they may have achieved in the court or tribunal
- Once a settlement is reached, the parties often walk away restoring business relationships which is unlikely to happen after a trial in court
- Even if a settlement is not reached, the parties benefit by filling communications gaps and understating the other party's position, weaknesses and strength.
Who can mediate?
It is suited for most disputes except where you require an urgent injunction, remedy or enforcement.
Who is a mediator
Mediators are accredited and qualified professionals usually from legal or a specialist background.
A mediator is impartial to both sides and assists the parties in facilitating a settlement.
What is the cost of mediation?
The cost of mediation is usually fixed before the mediation takes place and is split between the parties which makes parties more willing to engage in the process to resolve their conflict.
What happens after mediation?
Once a settlement is reached, the mediator will assist the parties in reaching a binding written agreement, often drafted by the parties or their legal representatives.
In the unlikely event that the parties do not reach a settlement, you can be rest assured that all discussions and offers will be kept confidential and cannot be disclosed to the court.
When choosing a mediator, it can be useful to pick someone who comes from a legal background having practiced litigation.
We offer competitive fees on a case by case basis so feel free to contact Reema Chugh on 07942867184 or by email at rxc@blasermills.co.uk .
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
