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Why Mediate?

Why Mediate?

Over the last few years there has been a huge increase in the use of Mediation or Alternate Dispute Resolution (ADR) in cases that would normally have gone to Court. Parties involved in a dispute will normally still have legal representation but a qualified & independent mediator will help each side discuss and negotiate a settlement.

The Government is also keen to see an increase in the use of mediators and recent reforms to the Children and Families Bill means that anyone seeking a Court Order to resolve issues relating to children, finances or property will have to attend a mediation session first.

The advantages of using Mediation are:

Cost – The costs tend to lower as agreement can be reached early in the dispute.

Control – Parties are in control of the settlement and only agree if they are comfortable with the terms.

Speed – Mediation can be arranged quickly avoiding additional costs and stress.

Emotion – The mediator can help to separate emotions from the issues involved in the dispute.

Legal Rulings – An agreement may be achieved that would not have been possible through the normal Court process.

Informal – The mediation process is conducted in a private and informal setting. This can improve the effectiveness of the discussion and avoid the stress & conflict of standard legal action.

Success Rates – As the settlement is agreed by both parties the likelihood of success is much higher. Figures quoted in the press put these rates as high as 80%.

Relationships – As mediation seeks an amicable resolution it is far more likely that relationships can be maintained whether the dispute involved private individuals or businesses.

Mediator – The mediator can be chosen not only on their qualifications and skills but also on the specialist area.

If you do find yourself having to seek legal advice about a dispute then do not be surprised if you are offered the option to mediate for an agreement rather than having your ‘day in Court’.

http://www.telegraph.co.uk/news/uknews/law-and-order/10557746/Couples-must-consider-mediation-before-a-divorce.html

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