About Mediation

What is mediation?

Mediation is an extremely effective way of settling disputes either before or during litigation and is strongly encouraged by judges.

The real benefits are that it is time-limited with fixed costs yet flexible and there are very few types of dispute unsuitable for mediation. The process is confidential which is conducted by a neutral person who assists the parties in working towards a negotiated agreement of the differences between them but gives the parties ultimate control over both the decision to settle and the terms of resolution.

The whole process is less formal and less stressful than court proceedings. There are no formal rules of evidence or presentation but if settlement is reached, and there is around an 80% success rate, it is binding and enforceable.

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"Skilled mediators are now able to achieve results satisfactory to both parties in many cases which are quite beyond the power of lawyers and courts to achieve" Brooke L J (Dunnett v. Railtrack – CA 2002)

The Importance of Mediation

There has been growing emphasis on the use of Mediation as an alternative means of dispute resolution as opposed to formal litigation or arbitration. Not only is there mounting case law encouraging mediation but there is extensive practice advice. This indicates that lawyers could be failing in their duty if they do not give due consideration to mediation and alternative means of dispute resolution at any stage of a dispute.

Mediation has also become firmly established in a wider European context following agreement of the Mediation Directive by the European Union in April 2008. Its purpose is to encourage the use of mediation as a cost-effective and quicker alternative to civil litigation, for cross-border commercial disputes. As a result all member states, and lawyers within those states, can no longer ignore mediation for international disputes.

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"Agreements resulting from mediation are more likely to be complied with voluntarily and help preserve an amicable and sustainable relationship between the parties" Jacques Barrot EU Vice-President