Civil Mediation, Family Mediation, Business Mediation and Corporate Mediation is becoming increasingly popular, why go through the pain of the courts, with a potentially long and drawn out procedure, when you could bring a case to an agreed conclusion through mediation.
How does Mediation work?
It does not matter if you are bringing or defending a claim, you will need both sides willing to see if agreement can be achieved using Mediation.
Whether it is Business Mediation or Mediation over a Will or Probate, the process is where a third party appointed by both sides works to facilitate an agreement on how both can bring the case to an end. The decisions are all made by the parties themselves with the assistance of the Mediator, so the control of what is and is not agreed is fully in your hands. The Mediator does not give legal advice and does not make any final decision.
In the Court process the final decision is made by the Judge and that is binding on the parties, even if neither side is particularly happy with the outcome.
Is Mediation better than going to court?
Mediation is a much faster and cheaper option than going to court. Mediation has been around a long time and before the recent lockdown would be carried out at an agreed venue (a solicitors or a hotel, but not at court) with each side in separate rooms and the Mediator shuttling between you helping you find that compromise acceptable to you both.
If agreement is reached, that will be written down there and then, signed by both sides and can then be sent to the Court to be sealed. It will have the same authority as any other Court Order and as long as the agreed terms are then carried out, it brings the formal Court case to an end.
Mediation, but still no agreement?
In the event that the route of mediation does not result in agreement, the Court case will continue in the normal way but nothing said in the Mediation can be referred to in that Court case. This enables frank discussions to take place and offers to be made and revised without fear of that being used against you in Court later.
How much does mediation cost?
Both sides share the cost of the Mediator on a 50/50 basis. If you have solicitors and want them to assist you in the Mediation, you pay their costs yourself.
Herrington Carmichael LLP has a specialist team of Dispute Resolution lawyers with many years’ experience in dealing with disputes who can be appointed to be the Mediator. If you would like to know more please contact Frankie Tierney for more information.
Request a video call, phone call or a meeting in person with one of our dispute resolution experts...
- All departments
- Agricultural Law
- Co Co - Employee Share Schemes
- Co Co - Recovery & Insolvency
- Co Co - Restructuring
- Co Co Corporate Governance
- Co Co Corporate lending
- Co Co Financial Services
- Co Co Franchising
- Co Co GDPR
- Co Co in-house legal support
- Co Co International Contracts
- Co Co M&A's
- Co Co MBOs & MBIs
- Co Co Partnership and LLPs
- Co Co Regulatory, Compliance & Competition
- Co Co Shareholders Agreements
- Co Co Terms and Conditions
- Co Co- Intellectual Property
- CoCo - Banking and Finance
- CoCo - New Businsess
- CoCo Competition Law
- CoCo Consumer Law
- CoCo Data Protection - Marketing
- CoCo Data, IT & Technology
- Commercial Law
- Commercial Property
- Corporate & Commercial
- Corporate Law
- Debt Recovery
- Dispute Resolution
- Disputes - Business
- Disputes - Declarations of trust
- Disputes - Probate and inheritance
- Disputes - Professional negligence
- Disputes - Restrictive Covenants
- Disputes - Shareholders & Partnership
- Disputes - Tenants in Residential Property
- Disputes - Wills, trusts & probate disputes
- Disputes and Small Claims
- Disputes Construction
- Disputes with Co-owners
- Employee - Termination
- Employer - Termination
- Employment - Business protection
- Employment - Collective consultations
- Employment - Contracts, services, consultancy
- Employment - Employee benefits
- Employment - Employee Procedures
- Employment - Equality, discrimination and harassment
- Employment - Family Friendly Rights
- Employment - GDPR and Data Protection
- Employment - Post employment obligations
- Employment - Redundancy & Reorganisation
- Employment - Settlement Agreements
- Employment - Tribunal Claims
- Employment - TUPE
- Employment - Wages, holiday and sick pay
- Employment - Workers rights
- Employment Tribunal claims
- Estate Administration
- Expat Legal Services
- Family Law
- Financial Services
- Help to Buy
- Immigration law
- International Legal Services
- Key Property Contacts
- Land and Property Disputes
- Land, development and construction
- Lasting Powers of Attorney
- Licensing Law
- Money, Tax and Inheritance
- New Build Conveyancing
- Private Wealth and Inheritance
- Professional Negligence
- Property Finance
- Property Law
- Residential Property
- Residential Property - Completions
- Residential Property - Shared Ownership
- Trainee Solicitor
- Wills, Trusts & Probate
Herrington Carmichael has been advising families and businesses for over 175 years. We provide an increasingly specialist legal practice – we offer a wide range of services, beyond that of a traditional private client firm to meet the demands of our UK and international clients.
Disputes & Claims
Other Legal Services
We are required by the Solicitors Regulation Authority to publish certain pricing information. Please contact us for an accurate fee proposal based on your particular facts and circumstances.
Award winning legal advice
Herrington Carmichael offers legal advice to UK and International businesses as well as individuals and families. Rated as a ‘Leading Firm 2024’ by the legal directory Legal 500 and listed in The Times ‘Best Law Firms 2023 & 2024’. Herrington Carmichael has offices in London, Farnborough, Reading, and Ascot.