Mediation - Quick Guide

WHAT IS MEDIATION?

·       Form of alternative dispute resolution (ADR),

·       Assistance in resolving a dispute by a trained mediator,

·       Mediator is chosen and agreed between the parties,

·       Can be in-person or virtual,

·       Process to avoid having to go to court,

·       The courts encourage parties to participate in ADR,

BENEFITS OF MEDIATION

·       Quicker than waiting for a court hearing,

·       Can be pre or post issuing of court proceedings,

·       More cost effective,

·       Confidential,

·       Higher chances of success than court hearing dealt with by single judge,

·       The parties settle the claim themselves not a judge,

·       More flexible and parties can agree things courts cannot order,

·       Less stressful than giving evidence at court.

COSTS OF MEDIATION

·       Mediator’s costs can be proportional to amount in dispute,

·       Mediator’s costs usually split between parties,

·       Virtual mediations have no room hire costs,

·       More cost effective than trial especially if early on in dispute,

·       Costs can be included in total award,

·       Barrister’s are not always required,

·       Fixed legal costs can be agreed.

WHAT IF I DON’T WANT TO MEDIATE?

No party can be forced to mediate if they do not want to, however;

·       The courts can penalise parties who unreasonably refuse to participate in ADR,

·       There is risk in going to trial even in the strongest of claims,

·       Even if matters do not settle at mediation, issues in dispute can be narrowed.