A legal dispute generally refers to any claim, action or proceeding between two or more parties arising from a disagreement, argument or conflict.
Most commonly, legal disputes have historically been resolved through an adversarial court or tribunal process, which ordinarily involves each party to the dispute retaining legal representation, and seeking to obtain and put forward evidence to support their own case and/or undermine the case of their opponent(s). Such evidence will often include documents, witness statements, expert witness reports etc.
At the end of that process it is the role of a Judge or Tribunal Panel to hear the evidence put forward by the parties and then decide who has ‘won’ and who has ‘lost’.
This of course drastic oversimplification of the Litigation process, but illustrates the adversarial nature of legal disputes, as well as the risks associated with the standard Court/Tribunal process.
Indeed, all too often, at the end of such proceedings neither party really feels that they have won, even if the Judge or Tribunal ultimately finds in their favour. The significant costs that typically come with legal disputes, combined with the time and stress that is often involved in legal proceedings can leave even ‘successful’ parties questioning whether it was ultimately worth it.
With this in mind, mediation has become an increasingly attractive mechanism for parties to resolve their legal disputes.
Mediation is a form of alternative dispute resolution (ADR), and involves the appointment of an independent, neutral and impartial mediator who seeks to facilitate discussions between the parties to a dispute in order to assist them in working towards a negotiated settlement.
Mediation is an extremely flexible process, and can be arranged at a time, location and in a format to suit all parties.
There are a number of additional benefits to mediation, including that it is an entirely voluntary process, and can be undertaken by the parties without affecting their legal rights or abilities to revert to their original, pre-mediation position in any dispute if the matter is ultimately not capable of settlement. It is also a confidential process, meaning that no information shared within it can be utilised against the party disclosing that information outside of the mediation process. It also allows the opportunity for parties to discuss elements of their case openly with a mediator, but have full control over if and to what extent the mediator then shares any of that information with the other party in trying to bring about a settlement.
Mediation is also cost effective, and if a dispute is ultimately resolved through mediation it can result in substantial cost savings to the parties than if the matter had continued through the Litigation process.
Often, mediations will conclude with the parties (usually via their Legal Representatives) agreeing and signing a legally binding Settlement Agreement that will bring about a definitive resolution to their dispute.
Mediation has proven to be such a positive and successful process, that it is now actively encouraged by the Courts. Indeed, most Courts will now order the parties to a dispute to consider all forms of ADR, including mediation. In fact, any party that is deemed to have unreasonably refused an offer to mediate could then be subject to negative cost consequences, even if their claim is ultimately successful before a Court or Tribunal.
Our Dispute Resolution Team have a wealth of experience in representing individual clients at mediation, and can be contacted by anyone requiring advice or assistance in relation to that process.
In addition, the Head of our Dispute Resolution Team, Mr Ben Green, is a qualified Mediator, accredited by the Centre for Effective Dispute Resolution (CEDR), the leading UK and European Provider of Conflict, Negotiation and Mediation Training – www.cedr.com
Our mediation fees are typically fixed, and a copy of Mr Green’s CV can be provided upon request. For any further information or enquiries please contact us by email at bengreen@hewitts.co.uk or by telephone on 0135 468573.
