Mediation is a form of alternative dispute resolution (ADR) that can be very effective if used in the right circumstances and at the right time.

This guide, prepared originally for law firms, will give you valuable information about the process, and detail some of the key factors you need to consider when thinking about mediation, or accepting provision for mediation in contracts.

Mediation is a consensual, voluntary process, whereby an appointed mediator facilitates in negotiating a resolution to a dispute. It affords the parties a great deal of flexibility, allowing them to specify how it happens and to choose the mediator themselves.

Mediation works best when both parties are committed to trying to resolve the dispute. That isn’t always the case at the outset of a dispute and so mediation often becomes a viable option only once a case has reached a certain stage and there are clearly drawn battle lines and legal issues.

It can be especially useful in commercial disputes where the parties want to preserve business relationships and not spend excessive time or money on litigation. Mediation potentially allows for a greater range of settlement options/remedies than are typically open to a Court and is quicker and more cost effective than litigation if successful.

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email: rloney@loneystewartholland.co.uk
call: 07940 214020