2015 saw a very substantial increase in Court fees, impeding accessibility to justice. We saw that a Court issue fee can be anything up to £10,000 now! The Courts have constantly evidenced their fondness of mediation, by actively encouraging mediation as well as imposing court sanctions in some cases where parties, unreasonably, refuse to mediate.
Mediation, in short, is a flexible process conducted confidentially in which a neutral person actively assists parties in working towards a negotiated agreement of a dispute or difference. The parties are in ultimate control of the decision to settle and the terms of the resolution.
It’s often said that a successful mediation gives a ‘win/win’ result, by resolving a dispute through the traditional Court system; you are merely obtaining a yes/no result. However, in mediation, you achieve this 'win-win' result as you are able to agree the terms on things that often mean quite a lot. These terms would not be considered in the judgment of your case normally. Mediation can therefore be seen as having a much wider scope, and is all-encompassing.
In terms of fees, see our full outlined structure below, mediation is very economic and priced using fixed fees, so what you’re quoted is what you will pay.
Furthermore mediation can offer:
- Entire confidentiality: and there is no strict need for any disclosure of settlement to the wider public (unless the parties agree to do so). A Court judgment alternatively is usually a public document and can be extremely damaging for the losing party (and sometimes all parties).
- A constructive and non-adversarial process allowing parties to maintain and/or repair working relationships.
- Just like going through the Courts, mediation is legally binding. Once the terms have been agreed by both parties and upon signature.
Even where settlement is not achieved, mediation helps the parties to focus on their further steps. It also encourages the other side to come to the negotiation table despite potential reluctance.
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