Mediation provides an alternative to court action when resolving disputes, by encouraging the parties to the dispute to seek an outcome for themselves, assisted by a trained mediator. In our mediation team, our mediators include insolvency practitioners and accountants.
There are a number of potential advantages, not least the savings in time and money compared to a full-blown court case. A mediated solution may also be better for ongoing business relationships and allow a wider range of outcomes to be considered.
Unlike a court, mediation is not restricted by law or custom, and the mediation process will be shaped by the nature of the dispute and the wishes of those involved. The usual format is that there will be an initial round table meeting, after which the parties will retire to separate rooms. The mediator shuttles between the parties and tries to help them find a solution.
The mediator is entirely neutral and will be reluctant to express opinions about the strengths or weaknesses of the parties’ respective cases. Therefore, there will be no need for the parties to try to convince the mediator they are ‘right’. Instead, they should use the mediator to help them find a mutually acceptable solution.
If a resolution is agreed, an agreement will normally be drawn up, which is signed by all the parties. If court proceedings are already ongoing, this can be used to bring them to a close.
If no resolution can be found, other measures including court proceedings may continue and anything discussed or suggested at the mediation meetings will not be binding.
More detailed information about the mediation process is available here.
“Roger’s keen analysis of a dispute allows him to see through to the heart of the issues. His calm and straightforward approach builds trust quickly and aids settlement.”
Anna Phillips, Associate, Property Litigation, Foot Anstey
“Thank you for yesterday. One never knows the whole story, of course, but on what I saw, I can only say my client owes you a lot.”
Mark Fitch, Hatch Brenner solicitors
“Initially we were fairly sceptical about the value of mediation, but were pleasantly surprised by Roger’s pragmatic and commercially-minded approach to the proceedings.”
Melanie Davy, Business Computer Projects