A better way to resolve legal disputes...
What is mediation?
Mediation is a forward thinking and cost effective method of resolving legal disputes and an alternative to stressful Court proceedings.
Rather than parties going to Court and a decision being imposed upon them, a mutually agreed third party, known as a Mediator, creates an environment in which parties who have different interests can jointly decide their own outcome.
The Mediator listens and helps the parties set their own agenda and find their own solution.
Mediation can take place in a location of the parties' choice (usually the Mediator's office) and at a date and time to suit the parties.
There are many advantages of mediation:
- Reduced legal costs
- Saving of time:
- A family mediation might take 3-5 sessions (spaced maybe four weeks apart) whereas a Court dispute over children or money might take 18 months
- The average civil mediation lasts for one day contrasted with contested Court proceedings of several months or even years
- The opportunity to reach an agreed solution which is acceptable to you
- The process is confidential
- By encouraging good communication, mediation helps to protect working or family relationships
Types of Mediation
Notts Mediation offers civil mediation and family mediation:
Civil Mediation can be used to resolve a range of disputes:
- Commercial/business/financial disputes
- Property/land - including landlord and tenant and boundary disputes
- Disputed Wills and Inheritance Act claims
- Personal injury/medical negligence claim
- Employment/workplace disputes
If you are in a dispute and you "unreasoanbly refuse" to mediate (where you think you are in right and do not think you should compromise or even meet with the other party) then you may not get your costs from the other party, even if you successfully prove your case. There is even the possibility that the court will order you to pay the other party's costs from the date the offer to mediate was made.
Mediation is not suitable for all family disputes, but can be used:
- To resolve arrangements for children
- To allocate a family's resources on separation/ arrange for future financial provision
- To jointly determine what goes in any Court papers/divorce documents