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Mediation – the way forward

PUBLISHED 11.11.14
By now most people of heard of Mediation but do not really understand what it is and whether it is a real alternative to Court.

Mediation can be used in to help anyone in dispute. Mediation is used all over the world and in all sorts of situations.

We all experience conflict in our daily life and from a very early age. Conflict happens as early as in the school playground. Mediation is being used in many schools as a means of resolving conflict between students. At the other end of the scale, Mediation is also being used today internationally with mediators attempting to resolve conflict and reach resolution between countries both before and after war breaks out.

Why use Mediation – What is it good for?

Generally, all conflict is capable of resolution but sometimes the involvement of a mediator who can see both sides, whilst remaining impartial at all times, assists by listening to both participants to see if a way forward can be found which will bring about a resolution to the dispute, bring peace and allow everyone to get on with their lives.

In my line of work, as a Litigation Solicitor, if the people in dispute are unable to reach an agreement then the only alternative to mediation will be the Court where it is left to a Judge to make a decision. In those circumstances, invariably there is always one winner and one loser. There is always, however, a cost. Mediation can bring about a resolution found by those in dispute early for far less in the way of financial cost than a court battle which is both lengthy and expensive in time, money and stress.

Mediation can be used to assist in resolving family disputes, contract disputes, employment claims, disputes arising out of wills and property, in fact almost all disputes are suitable for Mediation.

Cost

Cost, yes Mediation is a service for which you would pay the mediator a fee. However, when you take into account the likely costs of taking Court action then Mediation is a real alternative at a significantly reduced cost. It should also be noted that those who refuse to consider mediation as a means of resolving the dispute run the risk of the Court considering their behaviour as unreasonable and having an adverse costs order as a result.

Here at Quality Solicitors Dunn & Baker we have mediators who are able to assist in mediation. Darren Cleverdon specialises in family mediation whilst Kathy Trist can assist in all other types of dispute.