The benefits of mediation – judge for yourself
It works
Mediation is proven to work, with 80% of cases agreeing to settle – giving you confidence in the process.
It’s fast
Mediation is quick to arrange (usually 2-4 weeks) and fast-acting. Most disputes are resolved in just one day, avoiding months or years of litigation and bringing you speedier resolution and peace of mind. Click here to check the availability of our mediators.
It’s cost-effective
It’s far cheaper than going to court, with fees starting from just £100 plus VAT. There are no expensive legal fees to pay, although your legal or other advisors may attend the mediation if you wish. Click here to view our Table of Charges.
It’s voluntary
Mediation can only take place if both parties agree to it – you can’t be summoned to mediation as you can to a court. The entire process is voluntary and the agreement reached isn’t binding until it is drawn up and signed on terms that both parties can accept.
It’s flexible
Mediation can take place at any time. It is not limited to ordinary working days or hours. However, Mediation-1st may charge an additional fee for out-of-hours mediations.
It’s an opportunity for both parties to ‘win’
By resolving a dispute out of court, you are more likely to be able to preserve or restore a previous business or personal relationship with the other party, resulting in a ‘win-win’ scenario.
It’s a genuine alternative to litigation
Mediation is not designed to replace the courts. But it’s much cheaper and less risky than litigation. You won’t have a judgement imposed on you as the outcome of mediation is within the parties’ joint control.
You can consider using mediation at any stage of a dispute even if it is already subject to court proceedings. If both parties agree to mediate, you should both inform the court, which may issue an order suspending the court action until mediation has taken place.
It can offer a better outcome than a court
If your dispute is with a person or business that you have frequent contact with, mediation may provide a better, longer-lasting solution to your problem than going to court. Mediation can offer a result that, unlike the usual outcome of a court case, is not solely financial, such as:
- An apology
- An explanation
- A change of policy or behaviour
- A repair or replacement product.
It’s held in private
Another big plus is that mediation is confidential. It takes place in private so you don’t need to worry about your problems being aired in a public court. Stress to both parties is reduced by mediation taking place in neutral and comfortable surroundings at a mutually convenient time.
It’s ‘without prejudice’
If mediation cannot resolve the dispute and it does end up in court, the outcome of court proceedings won’t be affected by what happened during mediation. Because the information discussed during mediation is completely confidential, it cannot be used in court or in any other legal action that is subsequently issued.
It counts in your favour if the case ends up in court
If a dispute goes to court after mediation, it may count in your favour that you have tried to settle via mediation first. Conversely, if mediation had been offered and you turned it down, the court may view this unfavourably. You may not get your costs back, or the court may order you to pay the other party’s costs – even if you win the case.
It’s the best way to tackle disputes
Read what Mr. Justice Lightman said about mediation in July 2003:
‘The alternative of choice today is mediation. The law today increasingly recognises the value and importance of mediation as a social necessity...
‘Give mediation a chance. Give it a chance at the earliest opportunity...In litigation there is only one winner and that is generally the lawyers. Mediation is not a universal panacea: it has its limitations and is not always applicable. But where it is available in my view no sane or conscientious litigators or party will lightly reject it...’
Click here to read the full text of Mr Justice Lightman's speech, in which he discusses the merits of mediation and sets out the risks of embarking on litigation.
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