What is Mediation?

Mediation is a process aimed at resolving disputes through dialogue facilitated by a neutral third party, helping parties find mutual agreement efficiently and cost-effectively. It can be used to avoid court proceedings and, after proceedings are issued, mediation is still available as an option to avoid the final trial of the matter.

Not all mediations will settle the dispute but, even so, they are always useful as they help with either understanding both cases or the reason why the opponent is taking the stance they are.

Who Can Benefit?

Individuals, organisations, and companies seeking to resolve disputes swiftly, save on costs, and potentially preserve relationships can benefit from mediation.

What kind of disputes can be settled with Mediation?

Typically, mediation can handle a wide range of conflicts, including family, community/residential workplace disputes.

Family Law Mediation

If you have a family law dispute, mediation can provide a safe and supportive environment, helping to resolve issues and reach an agreement – often a quicker, less stressful, and more constructive approach,

There are three main pathways can help you resolve a divorce or family dispute without going to court:

• Mediation, where you and your ex-partner discuss the issues between you with an impartial third party (a mediator) and try to reach an agreement
• Arbitration, where a neutral third party (an arbitrator) decides on your case as if they were a judge in court (useful if you want to keep your divorce out of the public eye, and for the timing of the process to fit around you)
• Collaboration, here lawyers will use their experience to make the discussions run as smoothly as possible to the benefit of both you and your ex-partner, you will sign a contract saying you will reach an agreement which will become part of a court order, which can be legally binding.

You might turn to mediation for:

• A divorce, separation, or civil partnership dissolution
• Negotiating the terms of prenuptial and postnuptial agreements
• Making arrangements for finances and/or children following divorce
• Agreeing the time children spend with their grandparents or other family members
• Reviewing existing financial or child arrangements following a change in circumstances.

Residential Property Disputes

These can arise in the terms of ownership of your property, usually where the rights you have over your neighbour’s property, or indeed your own, are being interfered with. Sometimes there are disputes between co-owners about whether they should sell the property or not

These include the following:

• Boundary disputes
• Wording in documents
• Fraudulent transactions
• Right of way dispute
• Adverse possession
• Nuisance/trespass
• Trusts of land and appointment of trustees act claims
• Restrictive covenants
• Party walls

Workplace Mediation: Resolve Conflict Early & Save Money

Conflict is any workplace disagreement that affects the flow of work.  The cost of conflict in the workplace costs UK Employers £28.5 billion per annum (ACAS).  Therefore, the need to resolve any type of disruption or disagreement in the workplace at an early stage is vital to reduce the impact on the organisation and workforce as a whole.

Workplace mediation can be instigated in the early stages of a disagreement where staff are still employed and is an informal process.  The alternative route is for an employee to take the organisation’s formal Grievance Procedure route.

The cost to an employer of having a matter proceed to formal tribunal is in the region of £30,000.  The cost to an employer of attempting to settle the matter via early resolution is generally in the region of £1,500 – £2,500.

When should you mediate?

When considering whether to mediate a dispute of any kind, time is always of the essence.  The sooner an issue is identified and acted upon, the better for everyone involved. Mediation when successful can reduce time, money and stress, allowing the parties to come up with a solution that works for them all.  Even if agreement isn’t reached on the day, then the mediation process will inevitably have narrowed down the issues between the parties.

Each case needs to be considered on its own facts. In some cases, it may be sensible to mediate before you issue court proceedings. In other situations, it may be that court proceedings have to be issued and you need to understand the other side’s legal position before agreeing to mediate. It may be necessary to wait for the opponent to provide relevant documentation before you are able to consider when you should mediate.

Consequences of failing to mediate

The court has a proactive attitude towards mediation and, therefore, if the parties refuse to mediate the court has the power to make an adverse costs order.

How Can Marlborough Law Help?

One of the most significant benefits of mediation is its cost-effectiveness and efficiency. Compared to traditional litigation, which can be lengthy, adversarial, and expensive, mediation offers a swift and collaborative alternative. Our mediation expert always offers encouraging constructive dialogue to find mutually acceptable solutions, resolving disputes in a fraction of the time and at a fraction of the cost of litigation. This not only saves parties time and money but also alleviates the burden on an overburdened judicial system.

If you wish to discuss mediation, please contact us – we would be delighted to work with you to resolve disputes.