What is mediation? A guide
Solicitors and legal professionals use mediation, a form of alternative dispute resolution (ADR), to help resolve legal disputes between multiple parties. It involves having the parties involved in a dispute take part in informal discussions to come to a resolution. Many facets of law, including civil and commercial litigation, family law and employment law apply it.
Disputes can be emotional, time-consuming and expensive. Mediation works as a great way to quickly and privately resolve disputes. Helping people find a resolution without litigation or court.
Whether you are dealing with a workplace disagreement, a business contract issue, or a family dispute, mediation could help you reach a fair and practical resolution.
When should mediation be used?
Mediation can have many benefits for disputing parties and should be used when they are:
Seeking a fast resolution
Compared to other ADR methods and litigation, it can be a much faster process. In some cases, mediation sessions have been known to take a few hours rather than weeks, months and years.
This does not require court proceedings. This means that delays and administrative issues will hold up your dispute resolution.
The cost of the dispute is less than litigation legal fees
Again, with the process much shorter, both parties can potentially save money on legal fees. The mediator will also charge an additional fee for their service. Likewise, as mediation does not go through the courts, you will be saving money on having to pay court fees as well.
If both parties want to keep their dispute private
The negotiations can be a confidential process. Ensuring that the matters and topics discussed during a dispute remain private and do not become public knowledge. This can help protect both the personal and professional interests of those involved.
When both parties want to maintain a working relationship
Disputes can cause a temporary fracture in a working or personal relationship. Despite this, both parties can sometimes acknowledge that the dispute should not break the relationship entirely.
Mediation can help parties to swiftly resolve a dispute. It also offers them a way to mend the relationship before it breaks down.
The role of a mediator
A mediator is an impartial third party who facilitates discussions between parties to find solutions. They will set out the ground rules to allow for constructive discussion. The discussions may take place with all parties in the same room, or they can meet them separately. This depends on the relationship between the parties.
Throughout the mediation process, they will remain impartial and not offer legal advice, but may offer compromises. Once all parties agree on a solution, their legal representatives will draft a memorandum of understanding to sign.
While it is not a legally binding document, it can serve as a reminder of what both sides have agreed to. The document can become a formal contract, giving both parties legal force if the other side fails to comply. This will be similar to a settlement agreement.
What does a solicitor do?
A solicitor will advise one party before, during and after the mediation. They will advise their clients on the legal rights and commitments. A solicitor will help prepare statements and evidence for the mediator meetings. During the meetings, they will continue to advise their client, where appropriate.
When the parties reach an agreement, the solicitor will review the terms of the mediation agreement. They will check that it is legally sound, protects their clients' best interests, and is enforceable.
What is the difference between mediation, arbitration and litigation?
In mediation cases, the mediator will only offer impartial advice, focusing on negotiation. The parties involved must resolve the dispute. In arbitration, a neutral third party will consider the arguments of both sides. They will then make a decision that is normally legally binding for them to uphold.
Compared with the formalities of litigation, mediation can be a cheaper and faster method of dispute resolution. Mediation can be a highly effective way of getting to the core of the issue whilst still taking a more relaxed approach.
However, litigation can be more suitable in certain cases. For example, a family mediator will not work with cases of domestic abuse. This will be due to the nature and complexity of the case. These will have to go through the courts, and the judgment will be made by the court.
In litigation cases that results in a court appearance. If the judge rules in favour of one side, the other side may have to pay the legal costs and court fees for everyone involved. In mediation, the parties involved only cover their own costs, unless otherwise agreed.
Contact us
If you find yourself in a dispute and wish to explore mediation, our experienced team of mediation solicitors can guide you through the process.
Get in contact with our team to receive a free 30-minute consultation on your case and options for resolution. Contact our team calling one of our offices or by completing our online enquiry form.
