It’s good to talk

Mediation has become increasingly popular over the last 15 years. Partly it’s down to cost as the traditional ways of resolving disputes (a full trial in court or a formal arbitration) can be expensive and sometimes unpredictable. Partly it’s down to results. Mediation has been successful in 85% of cases.

Mediation differs from formal dispute resolution methods. There is no judge or arbitrator and the rules of “natural justice” don’t apply. The parties themselves settle their dispute with the aid of an independent third party (whom they select), who takes on the role of “honest broker”, helping the parties to reach a settlement.

During the process, the mediator will work with both parties, together and individually. His or her role is to identify their real interests and priorities in a process that is flexible, confidential and non-binding until a settlement is reached.

The real benefit of mediation is that it is a cost-effective and relatively quick procedure, often lasting just one day. If for any reason it fails, the conventional routes of arbitration and litigation are still available.

There are times when mediation is not appropriate and where litigation or arbitration would be preferable or even necessary. If you’re involved in a dispute, it’s therefore vital you seek appropriate legal advice as soon as possible.

For more information on mediation, or any other form of dispute resolution, please contact:

Henry Frydenson
Tel +44 (0)20 7440 7206
henry.frydenson@mishcon.com