Mediation is a much better option than court right now

May 4, 2020

If you have a case already up and running in the County Court – it is highly likely that the time scale in getting it to a final hearing is going to be extended as the court staff and judges try and cope with remote working.

Dealing with Court cases is stressful enough without the added anxiety of lockdown and the prospect of your “day in Court” being dealt with via a telephone conferencing hearing or Skype, or the prospect of your case being delayed for months and no end in sight.

Now more than ever, people are turning to using Mediation. It may be Business Mediation or Corporate Mediation, or Family Mediation to settle an estate, all of which aim to bring a case to an agreed conclusion much cheaper and faster, which makes a great deal of sense for all. It does not matter if you are bringing or defending a claim, you just need both sides willing to see if agreement can be achieved using Mediation.

How does Mediation work?

Mediation is a process whereby 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 cheaper option than going to court. Mediation has been around a long time and before the lockdown would be carried out at an agreed venue (not a 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 no agreement?

In the event that the mediation route 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.

This reflects the law at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought as appropriate in relation to a particular matter.

Latest Articles & Legal Insights

When can a Will be Challenged?

When can a Will be Challenged?

Families are complicated affairs and unfortunately the death of a loved one can expose the cracks in inter-family relations.

Sign up

Enter your email address for legal updates on Private Client & Family Law.

Please see our privacy policy regarding use of your data.


Top read insights in 2019

Contract Law

Material Breach of Contract

What is a ‘material’ breach of contract by a party to a commercial contract? This is a critical issue regularly considered by the courts. What constitutes a material breach and what are the remedies?

Property Law

Purchasing Land – Option Agreements

A developer and a landowner can enter into an Option Agreement. What are the strategies that can be employed by both landowners and developers to assist in such land deals?

Divorce and Family Law

What are the Tax Implications of a Civil Partnership?

Is there a significant tax saving to be made by a couple who are married or in a civil partnership that cohabitating couples simply don’t qualify for?  

Land & Property Dispute

Restrictive Covenants – The Price of Modification

Having identified that your land is burdened by a restrictive covenant and for the purposes of this article the covenant in question will be that only one residential building can be erected on the land. What do you do next?

Wills, Trusts and Probate

Is my Will applicable to my Spanish property?

You must be careful when relying on an English Will in relation to your Spanish property.

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.

London

60 St Martins Lane, Covent Garden, London WC2N 4JS 

+44 (0) 203 755 0557

 

Camberley

Building 2  Watchmoor Park, Riverside Way, Camberley, Surrey  GU15 3YL

+44 (0)1276 686 222

 

Wokingham (Appointment only)

4 The Courtyard, Denmark Street, Wokingham, Berkshire RG40 2AZ

+44 (0)118 977 4045

info@herrington-carmichael.com

© 2020 Herrington Carmichael LLP. Registered in England and Wales company number OC322293.

Herrington Carmichael LLP is authorised and regulated by the Solicitors Regulation Authority.

Privacy   |   Legal Notices, T&Cs, Complaints Resolution   |   Cookies   |   Client Feedback