Following on from our blog which considered whether you need to mediate, equally as important is whether you should mediate. Even if you are not required to attend a mediation, there are various advantages of doing so:
High chance of settlement
Mediation is often the first opportunity for the parties to properly consider the strengths and weaknesses of their position and their opponents. They can use this time to assess their priorities. If the parties have spent weeks or months corresponding and conducting litigation, the prospect of settlement may not have been properly considered or attempted. This is an opportunity for the parties to properly consider how to resolve the dispute and might explain why the number of mediations that result in a settlement is generally high.
Quick resolution
A mediation can be arranged very quickly, and much sooner than going to trial. Even if a case is settled through correspondence, due to a lack of focus and urgency on settlement in the early stages (compared to attending a mediation), this can take a significant amount of time. If you are keen to achieve a quick resolution, then attempting mediation is undoubtedly the best way forward.
Reduced costs
Perhaps a controversial advantage of attending a mediation, given that mediation can be expensive, is that it can save costs. Parties may not be willing to incur these costs after already incurring significant legal costs, but in most cases, reaching a settlement at mediation will be more cost effective than going to trial or even settling shortly before trial. Mediation can be attempted before proceedings have been issued, which would significantly reduce your costs.
Flexibility
In theory, anything can be agreed at mediation. Whereas, at court, not only is the court limited to the pleaded case (and the factual background to a case may well have evolved over time), but the remedies that the court can grant are limited by statute and common law. One of the reasons that mediation can be so successful is that even if a solution is agreed, trade-offs or safeguards to those solutions can be agreed in order to make an agreement possible. The court may not be able to award this, and this often results in winners and losers in litigation, rather than a liveable compromise for all parties which can be achieved at mediation.
Lasting resolution
Whilst there can be no guarantee that a resolution reached at mediation will be long lasting, there is a case for arguing that it is more likely to stand the test of time than a judgment or order from a court. This is because the solutions have been agreed between the parties (and may have incorporated compromises as discussed above) rather than having a decision forced upon them by a court. There will often be less ambiguity about how the solution will be actioned because the parties will likely have negotiated it at length.
In summary, there are various advantages of attending a mediation. Mediation will not be suitable for all cases, but there is a strong argument that it would be beneficial for most, even if it is unsuccessful. We are able to assist you with mediation at any stage of your dispute, whether it has already been issued at court, or you wish to attempt mediation to avoid issuing proceedings. Contact us on 0161 696 6178 to speak with our specialist solicitors today.
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