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:
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?
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.
Mander Hadley Solicitors is not only a long established firm, but is vibrant and successful, with a forward thinking approach.
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