Alternative dispute resolution is a type of mediation that has grown rapidly in the past 10 years, as a method of resolving of all types of commercial disputes. Its methodology is now being adopted for various new situations such as compulsory mediation through ACAS and it is also being considered by the National Health Service for the resolution of personal injury claims.
Mediation is an alternative to appointing an expert to resolve a problem, which is normally only appropriate where the issue can be resolved by considering paper representations alone. Mediation is also favoured against the rather long winded and expensive process of appointing an arbitrator under the Arbitration Acts.
Usually mediation involves all parties attending a single venue on a particular day, with the intent that their issue may be resolved with a solution that is acceptable to both parties. However, mediation will not succeed if one party has no intention of trying to resolve a dispute.
Statistics show that over 70% of mediations are successful on the day, or promote a settlement within a very short period of time following the day of mediation.
Sometimes a mediator (an independent expert) is appointed and they shuffle between the parties involved in the dispute, exploring the strengths and weaknesses of their cases with a view to finding a solution or proposals for settlement. It is not always necessary to have a mediator as solicitors representing each party can also carry out the same function.
Costs of mediation are considerably lower than trying to resolve an issue by going through a full court hearing. As such, it is often used before or after parties issue proceedings.
Cost penalties can be imposed by the court, if there has been an unreasonable refusal to consider or follow mediation.
As a firm, we have a number of experienced solicitors who have a great deal of experience and expertise in being involved in and conducting mediation. If you have any type of commercial dispute, please feel free to contact us for fast, cost-effective mediation.
Bray and Bray has three main offices in Leicestershire, contact us to discuss an enquiry or a case you have or feel free to pop in and see us at your local office by clicking on the links below:
Leicester call us on 0116 254 8871.
Hinckley call us on 01455 639 900.
Market Harborough call us on 01858 467 181.
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