MEDIATION: RESOLVING DISPUTES OUT OF COURT
Court proceedings are often stressful, risky and expensive for all involved. Instead, and depending on the circumstances, disputes can be settled out of court through a process called alternative dispute resolution or “ADR” for short. Whilst there are many forms of ADR, this article concentrates on one of the most popular, mediation. Mediation is a flexible, voluntary and confidential form of ADR that can help resolve disputes without the involvement of the courts. Mediation is led by a mediator, a neutral third-party, who works with the parties to try to settle their differences and reach a binding agreement, which can be enforced like any other normal contract (if necessary). The mediator cannot impose a settlement on the parties and, due to the impartiality required of the role, will rarely offer an opinion on which party he/she thinks is ultimately right or wrong. If mediation is unsuccessful and a negotiated settlement cannot be achieved, other options (such as arbitration or litigation) are still available to the parties.
Mediation can be an effective tool to resolve many types of disputes, including those that involve tense and emotional situations. Many cases are suitable for mediation and there are often a number of benefits of attempting the process. Those benefits include:
1. The parties have more control over the outcome and are able to agree terms that the court would not have the power to order.
2. Contrary to court proceedings, which are usually held in public, matters are kept confidential between the parties, unless they agree otherwise.
3. Mediation is often faster and less expensive than court proceedings.
4. A trained, neutral mediator engages with the conflicting parties and provides support to help them agree on a solution that is acceptable to both sides, which avoids the stress of litigating through the courts and which can help preserve the relationship between the parties.
If a dispute does arise, there are many ways in which it can potentially be settled. The temptation for parties in dispute is often to try to resolve their differences informally and without expert assistance; however, the issues can be complicated and the consequences of getting things wrong can be very serious. As such, should you find yourself in a dispute, it is almost always worth seeking independent legal advice as soon as possible.
If you would like to discuss mediation, other forms of ADR and/or any other litigation matter, please contact Mr. Llǔr Davies, Director, on 01267 493110 or ldavies@morganlaroche.com.