Find an alternative route.
What’s the problem?
Using the civil courts to resolve a dispute will likely take time and money…
involve 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…
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
“…the original merits of the case have long disappeared from the face of the earth. It’s about a Will, and the trusts under a Will – or it was, once. It’s about nothing but Costs, now…”
Charles Dickens, Bleak House
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.
By asking the right questions, at the right time, a good Mediator can both facilitate that process and add value.
Charles Cooper | Barrister 