Mediation


Contact Our Civil Mediation Department

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Disputes & Civil Litigation

Mediation can be defined as the intervention in a negotiation or conflict of an acceptable third party who has limited or no authoritative decision making power, but who assists involved parties in voluntarily reaching a mutually acceptable settlement of the issues in dispute.

As such a mediation is there in order to facilitate what is in effect a formal negotiations between parties in conflict.  He / she is not there in any form of judicial capacity and is not there to make any form of decision one way or the other.

Mediation is a without prejudice, voluntary and non-binding (up until the point an agreement is reduced to writing and signed by all parties) to that extent the mediator is “facilitative” in assisting the parties reaching their own settlement upon terms that they can all accept.

The Advantages and Disadvantages of Mediation

Advantages

Disadvantages

Allows the parties their say

Parties can feel that they didn’t have their day in court

Parties maintain control

Potential loss of costs if the mediation is unsuccessful

Cost effective

Concessions are usually required from both parties

Early settlement

 

Creating terms of settlement

 

Without prejudice process

 

Can be potentially penalised by the court in costs if parties don’t attempt / consider mediation and/or other forms of alternative dispute resolution.

 

Buys certainty

 

To quote Lord Justice Mummery: -

“an attempt at mediation should be made right at the beginning of the dispute and certainly well before things turn nasty and become expensive.  By the time neighbours get to court it is often too late for court based ADR and mediation schemes to have much impact.  Litigation hardens attitudes.  Costs become an additional aggravating issue.”

Since the 9th March 2015, court fees have risen dramatically.  Mediation is a potential way to resolve disputes cost effectively.

For further information in relation to mediation, contact our trained and accredited mediators.

Gwyndaf Pari (01492 876354) or email gwyndaf.pari@boneandpayne.co.uk
Gwyndaf is able to conduct mediation through the medium of Welsh if required.

Sunil (Bill) Sethi (01492 532385) or email bill.sethi@boneandpayne.co.uk