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How early is too early for mediation?
After reading various articles about the likelihood of compulsory mediation and observing the costs decisions that are made when mediation has not been taken up, what has become apparent is: mediation is something that is often thought about or embarked upon in the process when it is too late.
We, as Mediators have something to learn in persuading other lawyers of the positive benefits of the mediation process. I will try and assist with that below.
Mediation is not about giving up control over the outcome of your case, or compromising your client’s position. Mediation is about taking control and determining the outcome. Exploring, without fear, stances or positions that the opponent is taking, and obtaining a better understanding of where they are coming from – all prove to be invaluable if the case does not settle at mediation.
I introduce the idea of mediation at the very outset of most new client appointments. Firstly, to make them aware of the process available and also to help clients to understand what the Courts expect of them should the matter end up at trial.
Whilst I do understand the need sometimes for expert’s reports to be obtained and evidence to be gathered; sometimes you do not need all of this for mediation to have prospects of success.
Finally, all clients are concerned about costs. The earlier that mediation is considered, the fewer costs they have incurred. What that then means is that it is less likely that costs are going to stop parties from being sensible and attempting to reach a solution when only one of them will be a “winner” if they continue to Court. So my view is it’s never too early to consider mediation as a real alternative to Court.
I hope I have helped you understand the benefits of mediation. However, if I or any other of your Devon and Somerset Panel of Mediators can assist please do not hesitate to call us.
Kathy Trist
Chair Mediation Sub-Committee
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