The benefits of using a mediator

Mediation is a commonly used alternative dispute resolution (ADR) procedure. The procedure was designed in order to bring parties in a dispute together with the goal of avoiding the added cost and delay of litigation.

Mediation procedures vary depending on the dispute, the industry and the mediator. The mediator is a legal or industry professional that attempts to talk the parties through a dispute, point by point, in order to reach a compromise. It is common for a mediator to attempt several different techniques of discussing the possible outcomes of the disputes, such as comparing a less favourable mediation compromise with the cost and potential loss at trial. The mediator also often breaks the discussions into several different segments, some of which are as one group and others include only the mediator and one of the parties. This allows each party to discuss the matters amongst themselves without sharing too much information with the other party.

The main drawback to mediation is that it is not legally binding. This means that often one of the parties feels unhappy with the offers of the other, and decides to proceed with litigation. There is nothing the mediator can do about this, as the mediator has no legal power (unlike an arbitrator).

If you are involved in a dispute and you would like to avoid litigation, many law firms offer mediation services. Pursuing the mediation option is often beneficial even if the dispute is not entirely resolved because you could get some of the points in dispute resolved, or you could at least see the other party’s point of view.

If you would like to obtain legal advice on mediation, Contact Law can put you in touch with a local litigation solicitor free of charge. So, if you have any questions or would like our help in finding local litigation solicitors please call us on 0800 1777 162 or complete the web-form above.