07 Oct 2019
Mediation Awareness Week provides an opportunity to understand the benefits of mediation across all sectors and how disputes and conflicts can be resolved in a quicker and more cost-effective way. Lawyer and trained mediator Bridget Melrose from our Personal Injury team explores some of the reasons why you should consider mediation…
It is a cheaper alternative to the litigation process and trial.
The mediation is not bound by strict rules of evidence that exist in a court action allowing parties to freely express their views.
PARTIES HAVE CONTROL
It is your mediation. As such, a whole range of outcomes are available for exploration and settlement may be reached on terms not open to a court to be able to order.
The fact that the parties have made a choice to come to mediation in itself indicates a strong willingness to settle the dispute and assists in creating the environment in which to do so. Sometimes, when a dispute has gone on for some time, the reasons why it occurred in the first place may have been forgotten.
SPEED OF PROCESS
Mediation can take place at any time, and although it makes sense to resolve matters early, the parties must have a willingness to be at the mediation and be ready to find a resolution to their dispute. Most mediations conclude within a day or less.
Mediation takes place out of the court environment enabling parties to feel more relaxed and be able to open up to a neutral, trained mediator so that a deeper understanding of the real issues can be gained and for dialogue to be encouraged once again between the parties.
The parties can trust in the mediator, providing information that will enable the wider issues to be probed and in the knowledge that whatever is disclosed cannot be referred to outside the mediation process.
Your mediator will ask you to be forward-thinking in seeking a resolution rather than looking over past events that may have to date prevented settlement.
If you want more information on how you can settle a claim using mediation, get in touch with a member of the team today by clicking here.
Harding Evans is a trading name of Harding Evans LLP, a limited liability partnership, registered in England & Wales (registered number: OC311802), authorised and regulated by the Solicitors Regulation Authority (SRA number: 419663).