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
Is it suitable for Mediation?
Why Mediation?
Mediation allows participants to take control of the dispute resolution process…
the Mediator is selected by them based on criteria such as experience and qualifications; the venue, whether in-person or online, chosen for their convenience and comfort; the date, cost and duration of the process are decided by the participants themselves…
a binding confidentiality agreement enables them to voice private concerns, or to offer apologies and concessions that they might not otherwise be prepared to give, without fear of it being used against them at some later date…
solutions, not compromise, are reached by mutual consent, facilitated by an expert conflict negotiator, without judgment or prejudice…
and Mediation offers participants prospects of success in the region of 80%
Charles Cooper | Barrister 