Settling your dispute through mediation
Settling Your Dispute through Mediation
by Martin Plowman of Mediation-1st
What is Mediation?
Mediation is a way of helping people settle disputes without going to court.
At a Mediation a neutral, unbiased person - the Mediator - helps you and the person with whom you are in dispute to negotiate your own solution to the dispute between you.
Advantages of Mediation
Mediation is invariably cheaper than court action (see "How much does Mediation cost?" below).
Mediation is usually less stressful than court action.
Mediation is invariably quicker than a court action. Most Mediations take place within two to four weeks of the Mediator being contacted. It can be even quicker: I was once contacted at 3.00pm and asked if I could mediate the following day! As I happened to be free, that we no problem (I have an on line diary in which you can see my availability for the next day, and the next week and month: follow the "Check Mediator Availability" link at http://www.mediation-1st.co.uk/ )
If there is still a business or personal relationship between you and the other person, a mediated settlement might preserve, or even help to improve, that relationship. A contested court action could lead to the relationship worsening or even ending.
A Mediation gives you and the other person the opportunity to decide what is important to each of you and to come to an agreement that may include things like an explanation, an apology, or a promise of further work, which a court could not order.
The Mediation can be held at a place chosen by you and the other person. Often, the Mediator will be able to offer suitable rooms for the Mediation: I have ideal premises for Mediation in the Cathedral Close in Norwich (follow the "Premises" link at http://www.mediation-1st.co.uk/ to take a look)
You and the other person can choose how long you want the Mediation to take. Some disputes can be settled in a few hours, some take a whole day, and occasionally even longer may be necessary.
A Mediation is confidential. A court hearing may not be.
What types of disputes are suitable for Mediation?
A wide range of disputes, including contractual disputes, employment disputes, business disputes, arguments about the terms of a contract, housing disputes, debt claims, personal injury claims and arguments between neighbours may be suitable for Mediation. If your dispute is over goods and services such as electrical appliances, holidays, phones and internet services, home improvements, and gas, water or electricity suppliers it may also be possible to resolve the dispute through a trade association or by going to an ombudsman.
How much does Mediation cost?
The cost of Mediation is usually shared between the parties to a dispute. The cost in your case will depend on the value of your dispute, and whether you and the other person choose a Mediation of a few hours, or a longer Mediation. My charges, for example, start at £100 plus VAT per party for a two and a half hour Mediation (follow the "Charges" link at http://www.mediation-1st.co.uk/ to see the full list).
Mediation and the Courts
The courts very much encourage parties to settle disputes at Mediation and will usually be willing to allow the parties time to arrange a Mediation. Indeed, a party to litigation who refuses to mediate can find themselves on the wrong end of costs sanctions from the court if the court decides that their refusal was unreasonable. Here is what Mr Justice Lightman, a leading judge, said about Mediation:
"Litigation is a high risk gamble - and the risks and burden of costs today are so substantial that for any well advised [person] litigation must be the course of last resort if any reasonable alternative is available..
The alternative of choice today is mediation. The law today increasingly recognises the value and importance of mediation as a social necessity..
Give mediation a chance. Give it a chance at the earliest opportunity..In litigation there is only one winner and that is generally the lawyers. Mediation is not a universal panacea: it has its limitations and is not always applicable. But where it is available in my view no sane or conscientious litigators or party will lightly reject it."
To read the full text of Mr Justice Lightman's speech, follow the "Mr Justice Lightman Speech" link at http://www.mediation-1st.co.uk/
Martin Plowman is the senior Mediator at Norfolk Mediators mediation-1st (http://www.mediation-1st.co.uk/ ).