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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.

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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.

Can we begin mediation during lockdown?

The way Mediation is carried out actually lends itself well to “lockdown conditions” and can be done using Skype or telephone conferencing. If agreement is reached the document can be emailed for signature and then filed with the Court.

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.

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