Article: Find an alternative route – try Mediation

Author
Charles Cooper

Date
August 2023

What’s the problem?

Using the civil courts to resolve a dispute will likely take time and money; it involves analysing past events and behaviour, revisiting accusations, recriminations, and recording it all for posterity; the process is adversarial in nature and parties’ positions become entrenched; memories are tested, opinions challenged, evidence discredited; finally arguments are presented in a largely public forum, the solution imposed by the court relying on legal precedent and involving no apology or opportunity for parties to repair relations.

What’s the alternative?

Participants can take control of the dispute resolution process by appointing a qualified, regulated and insured Mediator to help facilitate a confidential and without-prejudice discussion between them, focussing on future solutions rather than past demands.

The date, cost and duration of the process is decided by the participants; confidentiality enables them to offer apologies and concessions that they might not otherwise be prepared to give; and solutions are reached by mutual consent.

Unlike arbitration or evaluative mediation, facilitative mediation does not involve the Mediator giving advice on the merits or potential settlement terms of the dispute, thereby ensuring that the Mediator remains independent, neutral and impartial and enabling the participants to find their own, potentially better, solution. By asking the right questions, at the right time, a good Mediator can both facilitate that process and add value.

What’s the success rate?

While not every dispute can be settled through mediation (it is reported that 20% don’t), the process should, at the least, help to narrow issues.

Want to find an alternative route? Try mediation.

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