Civil Mediation
Fisher Jones Greenwood LLP is an established law firm with a first-class reputation, providing general commercial and legal advice on all business, employment and property-related matters. As part of our integrated service to businesses, our qualified mediators help business men and women reach negotiated settlements of their commercial disputes, helping them concentrate more time on what’s important such as running a business.
Key Areas
What is mediation?
Mediation or dispute resolution is an alternative cost effective and efficient method of resolving business differences. It is a problem solving process that is designed to help participants find a mutually acceptable resolution. More and more businesses are turning towards mediation as a common sense route to problem solving.
How does mediation work?
Mediation usually involves the appointment of a trained, independent third party called a ‘mediator’. Their job is to help the parties reach a negotiated settlement. Unlike a judge, the mediator has no power to decide the issue or impose a solution. Typically his or her role is to assist the parties arrive at an innovative solution or compromise that allows the parties to move forward.
First, the mediator arranges a confidential meeting. During the meeting parties are encouraged to see their own and the other side’s case objectively and realistically. By focussing on the problem rather than the dispute, parties are enabled to recognise their future longer term commercial interests, rather than their strict legal rights.
A single day’s mediation is usually sufficient to resolve most disputes. Setting up the mediation usually takes no more than 3 to 4 weeks.
What are the benefits of Mediation?
Some of the benefits to you include:
- Cost effective
- Speedy resolution
- Greater autonomy
- Pragmatic
- Non-confrontational
- Flexible
How effective is mediation?
Mediation in the UK has a very high success rate in the region of 85%. Often disputes which are not resolved during mediation settle soon afterwards.
The process works because it is voluntary and provides a flexible and informal process. In comparison Court proceedings are generally formal, expensive and rigid. The litigation process removes control from the parties themselves, by imposing solutions on them. During the course of litigation, any hope of continuing a commercial relationship with your opponent is usually lost for good. Mediation changes all that.
Through mediation the parties can achieve a much quicker and more flexible way of settling disputes. Individual and innovative solutions which are not available through Court proceedings are readily possible.
What happens when mediation doesn’t succeed?
There will be occasions when the Mediation process does not completely succeed. In instances when a settlement cannot be reached each party can still enforce their legal rights at Court because Mediation is “without prejudice”.
Charities and mediation
As a general rule charity trustees should make every effort to avoid litigation. However trustees can be drawn into litigation begun by another party, or because there is a genuine reason such as the interpretation of a document, will or the terms of a gift.
Charity trustees should always consider alternative methods of dispute resolution first, rather than spending the charity’s funds on litigation costs, which may not further the charitable objectives. Even if it seems unlikely the opponent party will be willing to consider such a process, trustees should always offer alternatives to litigation. A failure to offer alternatives could have adverse consequences for the trustees.
Contact us
If you think that mediation could help resolve your dispute or would like further information, please contact Chris Yemm or Kate Taylor on 01206 835300.