Mediation
Expert guidance for resolving conflict amicably
Mediation is a form of Alternative Dispute Resolution. It can be used to resolve a wide range of disputes.
It’s usually offered as a method once you have received independent advice from a solicitor and where both you and the other side want to find a solution to the dispute.
Mediation typically consists of an independent advisor working with both parties to reach an agreement by asking questions that help each side to understand the issues and the options available to them for settling their dispute.
Mediation is a voluntary process. However, it is encouraged by the courts and if you should end up before a judge it could weaken your position or lead to adverse cost orders if you have previously refused the option of mediation.
What is a Civil Dispute?
Civil or personal disputes are private cases in which one or more parties want;
- Compensation, or
- A solution
to a situation outside of criminal law.
Civil disputes are governed by The Civil Procedure Rules which simplify legal proceedings. These rules are the framework on which all civil disputes are judged. Especially where no specific laws exist.
They are designed to reduce both the cost of civil cases and how long they take to resolve.
Why use mediation rather than court proceedings?
The process can be quicker, less stressful and more cost-effective than attending court.
Higher settlement rates.
The process allows you to explore and discuss various aspects of the dispute and all available solutions.
You maintain more control of the process, rather than a judge making all the decisions.
It can help you to retain professional relationships by being less confrontational than court proceedings.
It can result in a settlement document that is legally binding and on an equal footing to a court order.
Takes place in a private setting so the result remains confidential.
We can help resolve disputes in the following areas:
Dispute Resolution Options
There are two main ways of resolving disputes;
- Alternative Dispute Resolution (ADR)
It is always best to use an Alternative Dispute Resolution method before taking a case to court. There are several methods of alternative resolution. These include;
- Mediation
- Round table negotiation
- Arbitration, or
- Conciliation
Alternative Dispute Resolution can prevent long and complex court cases, saving both time and money.
- Civil Litigation
If alternative dispute resolution does not work, we might start court proceedings. Not all civil dispute cases go to court, even if we start court proceedings. If they do, they can be long and complex.
Why Choose Rothera Bray?
Our civil dispute lawyers have considerable experience in a wide range of disputes. We have represented clients in County Court, High Court, and special tribunals.
That said, we will always try to settle a dispute with alternative dispute resolution methods first.
When you instruct us to represent you, we will assign a dedicated solicitor to your case. They will work with you from the start of your dispute, all the way through to resolution.
We work closely with you to establish the full details of your dispute. We can then provide advice on the best strategy to resolve your dispute as quickly as possible.
We can also draw on the experience of our other departments including;
- Debt recovery
- Commercial property and
- Corporate law
So we can advise you on any additional matters that may arise during your dispute.
Our mediation services can you save stress – as well as money.
