2015 saw a very substantial increase in Court fees, impeding access to justice. Court issue fees can be anything up to £10,000. The Courts have repeatedly confirmed their approval of mediation, by actively encouraging mediation as well as imposing sanctions in some cases where parties, unreasonably, refuse to mediate.
It’s often said that a successful mediation gives a ‘win-win’ result, whereas 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, like, for example, an apology. Mediation can therefore be seen as having a much wider scope and is all-encompassing.
Mediation is very economic and priced using fixed fees, so what you’re quoted is what you will pay.
Mediation can offer:
- Confidentiality: there is no strict need for any disclosure of settlement to the wider public, unless the parties agree to do so. A Court judgment is 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
- A legally binding agreement
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.
At Howlett Clarke, we have the facilities to host a four party mediation in our Brighton office. Get in touch to find out more.
Our standard mediation agreement can be found here.
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