Mediation Factsheet

Why use Mediation?

Mediation is an alternative to a final hearing before a Judge. Court proceedings are expensive both in terms of money but also in terms of stress and worry about the outcome. By entering into mediation that may settle, you buy off the risk of that one Judge making a decision not in your favour. Solicitors advise you on the strengths and weaknesses of your case and the risks of pursuing the matter all the way to a final hearing at a Trial before a Judge. At trial there is always one winner and one loser. Mediation is an alternative to Court, and far more affordable than the risk of a decision at trial, mediation allows both parties participate to conclude the matter in a non-confrontational situation. What happens at Mediation?

At a Mediation the mediator will explore with both participants (separately or together – it really is your choice) the strength of their respective cases and the risks and costs of continuing with litigation. After thorough evaluation, the participants with the assistance of a mediator may be able to find a resolution to the dispute therefore bringing it to an end on terms that the participants agree to. This places the power of the process in the hands of the participants and not the hands of solicitors or Judges. Remember, mediation is a very flexible process and you may be able to achieve things that are not possible for a Court to order.

The Benefit of Mediation

If mediation is explored at an early stage this can only be of benefit to those taking part. If a settlement is reached then the legal fees incurred in going to mediation will be money well spent and far less than the costs in money, time and stress of progressing the case all the way to a final Trial.

In support of the mediation process, Judges have stated in the following cases which I give by way of example: -

Dunnett – v – Railtrack plc 2002 EWCAS 303 [2002] 2ALLER850 Brook L J comment: “skilled mediators are now able to achieve results satisfactorily to both parties in many cases which are quite beyond the power of lawyers and Courts to achieve”. Daniels – v – Commissioner of the Police for the Metropolis [2005] EWCA 1312 Ward L J: “mediation does have an extraordinary knack of producing compromise even when the parties start to be intractably opposed”.

DASLS Mediators

Our Mediators have a wealth of experience and expertise and we would ask you to review our Mediators details and telephone us on 0784 0571753 if you have a dispute, that you consider one of our Mediators may be able to assist you in finding a resolution. Any questions please do not hesitate to contact us.

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Local professional organisation for solicitors in Devon and Somerset providing training, recruitment, social events, mediation, complaints...

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