Mediation – A powerful tool in litigation

Mediation in law is a confidential, but voluntary, process where a neutral third party, the mediator, facilitates communication between disputing parties to help them try to reach a mutually acceptable resolution. Usually, the parties attend a meditation with their legal representatives who will advise them throughout the mediation process. The mediator meets privately with each party initially to discuss the dispute in confidence and ascertain their side of the issue, and if the parties agree they can then be brought together to talk. However, the mediator has no authority to make a binding decision upon the parties.

When should you mediate?

Mediation can take place at any stage before a dispute reaches court.

Getting the timing right will give mediation the best chance of proving cost-effective and successful. Generally, the sooner the better.

Benefits of mediation

1. Confidentiality: Unlike court proceedings which can be very public, mediation sessions are private, allowing parties to discuss their issues openly without fear of public scrutiny.
2. Control: Parties retain control over the outcome, as they work together to develop their own resolution rather than having a judge impose a decision upon them.
3. Time and cost: Mediation can be significantly quicker and less expensive than going through the court system, as it typically requires fewer resources and less time.
4. Preservation of relationships: The collaborative nature of mediation often helps preserve relationships between disputing parties, which is particularly valuable in business partnerships.
5. Non-binding: The outcome of mediation is non-binding on the parties, unless a contract or agreement is signed, so parties effectively have ‘nothing to lose’ by mediating.

Process of mediation

1. Preparation: Parties prepare for a mediation by outlining their position and interests.
2. Opening statements: Each party presents their perspective, allowing the mediator to understand the issues in dispute.
3. Discussion: The mediator facilitates a discussion between the parties, encouraging them to explore potential resolutions.
4. Negotiation: The mediator helps the parties negotiate terms and refine proposals until an agreement is hopefully reached.

Mediation stands out as a practical, efficient and amicable approach to many disputes. The emphasis is on communication and negotiation, and it can be a cost-effective way of reaching a sustainable solution to a wide range of disputes.

Please contact Kirsty Lawrence or a member of the Intellectual Property Disputes or Commercial Disputes team at Hamlins if you would like to find out more.