Read more articles in: Blog, Dispute Resolution, Mander Hadley

Mediation key to finding solutions to civil disputes

When it comes to civil disputes which could have huge financial implications in court, Alternative Dispute Resolution (ADR) is a sensible way of resolving often bitter conflicts and an option always to be considered before issuing proceedings.

Mediation is a form of ADR and is when an impartial person – trained in dealing with difficult discussions between two opposing sides – acts like a referee in a dispute.

The courts in England and Wales require all parties who bring a dispute before them to have considered ADR and engaged in it. Parties who decline to do so are likely to have to set out the reasons for their refusal and often face cost sanctions.

According to the Ministry of Justice, mediation can be used to resolve almost all types of civil dispute, including:

Professional negligence
Personal injury
Wills and probate disputes
Trust disputes
Charities disputes
Land or property disputes
Landlord and tenant disputes
Neighbour disputes
Intellectual-property disputes
Defamation

One major area often involved in such disputes is property, commercial or residential, which could involve parties arguing over land borders, development properties or even rent reviews.

In the case of dispute, if you cannot resolve the issue between yourselves, then instructing a solicitor and offering or agreeing to engage in mediation should be your next step.

Parties will each prepare and present a case summary and a mediator will travel back and forth between the parties who are housed in separate rooms, identifying issues where agreement may be reached and working with the parties to reach an agreement. Mediators will not issue decisions nor impose settlements.

Why choose mediation?

The dispute remains private and choosing mediation can also be less disruptive to a business or a family.
Statistics show that more than 70 per cent of mediation cases settle either on the day or shortly thereafter.
Parties work to explore the dispute and all the possible solutions together.
Fewer people are involved than when you go to court.

Is the agreement legally enforceable?

Yes, if agreement is reached, it can be drafted as a legal binding document.

For help and advice with related matters, please get in touch with our dispute resolution team today.