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,
· 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.