Mediation is an effective way of resolving disputes without the need to go to court. It involves an independent third party - a mediator - who helps both sides come to an agreement.
Mediation is a flexible process that can be used to settle disputes in a whole range of situations such as:
The mediator helps the parties reach a solution to their problem and achieve an outcome that both parties are happy to accept. Mediators avoid taking sides, making judgements or giving guidance. They are simply responsible for developing effective communications and building consensus between the parties. The focus of a mediation meeting is to reach a common sense settlement agreeable to both parties in a case.
Mediation is a voluntary process and will only take place if both parties agree. It is a confidential process where the terms of discussion are not disclosed to any party outside the mediation hearing.
If parties are unable to reach agreement, they can still go to court. Details about what went on at the mediation will not be disclosed or used at a court hearing.
Both parties share the cost of mediation, which will depend on the value and complexity of the claim.
Mediation is often an afterthought or even when it is considered it is done so on a tactical basis rather than a realistic basis.
The Courts as well as CPR insist that mediation be considered and offered from the outset of any claim and they do this with good reason.
We provide a professional and cost effective approach to resolving commercial disputes as an alternative to what can only be considered to be a very slow and expensive litigation process.
Working independently but jointly, we move quickly to resolve deadlock and find a practical solution that allows the parties to be free of litigation.
Whilst mediation has developed to be a very effective and speedy alternative to substantive litigation its use to resolve costs disputes is novel.
The lack of use of costs mediation leaves the parties who have concluded a costs effective settlement still facing the spectre of lengthy and expensive costs litigation. Costs Mediation solves all these problems at a stroke with a high speed and low price conclusion to these issues.
This fast growing practice area presents unique costs problems that many parties fail to appreciate until it is too late.
We offer advice on the timing and content of costs mediation offers and the response to them as well as help with preparation for and attendance at these meetings.
Whether you are embroiled in a costs dispute as a Litigant in Person or a Legal Representative we offer our mediation services at competitive fixed prices therefore giving certainty in an area which is found wanting.
Mediation and collaborative law are efficient, cost-effective ways of settling family law disputes. You get the opportunity to take control of events instead of passing the responsibility for decisions that are central to your future happiness to a judge.
Chris Dolton, who conducts this work, is a member of the Law Society Family Panel, a trained and qualified collaborative family lawyer and trained family mediator. As a firm, we are committed to following the Resolution code of conduct, which requires us to resolve family disputes in a constructive and non-confrontational way.
Mediation essentially helps people resolve disputes without recourse to court proceedings.
Like mediation, collaborative law provides an alternative way to resolve family disputes. Key decisions you make about your future are yours — they are not made by a stranger in a courtroom.