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Mediation 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, with the parties in ultimate control of the decision to settle and the terms of resolution.

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.

Why 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:

  1. 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)
  2. A constructive and non-adversarial process allowing parties to maintain and/or repair working relationships
  3. 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.

Team members

Martina McKay
Litigation Executive

News and media

  • News
    • Posted on October 11, 2017
      So, it’s October and the new school year is now well under way. My youngest has just started school and almost immediately returned home with a form requesting my permission for him to receive a flu immunisation at school. Most parents, by the time their children go to school, already pretty much know where they stand in terms of whether they will have their children immunised or not. But, as school flu immunisations are a fairly new thing (even newer is that the nasal spray now comes in a choice of flavours, such as Milky Way!), it did make me think a little more about it.
      Posted in: Family, Children
    • Posted on September 14, 2017
      On 4 September 2017 the International Family Law Arbitration Scheme was launched. I therefore thought I would compare the different forms of alternative dispute resolution that are available.
    • Posted on November 17, 2016
      At Howlett Clarke we are constantly seeking to raise awareness about mediation, particularly in our local community of Sussex. Our aims are to change the way people approach a dispute and, where possible, suggest why mediation could be an option for resolving the dispute.
  • Blog
    • Posted on January 2, 2018
      Happy New Year from everyone at Howlett Clarke!

      New Year can be a time for reflection. We all have a list of things we need to get around to but also grand plans for what we would like to do in the future.

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