Mediation is the answer to many disputes - 19th October 2006

According to James Taylor, who joined Wards Solicitors in September 2006, mediation is the answer to many business and private disputes. He is a disputes solicitor with 10 years' experience, as well as being a qualified Mediator with ADR Group.

James says: “Over 80% of mediations referred to ADR Group since January 2006 have settled, either at the mediation, or within 2 weeks of it. I have seen mediation used successfully in cases worth millions, thousands or hundreds of pounds”.

Mediation acts as a sort of turbo-charged negotiation. It usually takes place over a day, so everyone's attention is focused solely on the dispute. The Mediator allows for a frank exchange of views, and some legal argument, so each side can explain itself. Crucially, the parties keep full control over the negotiations. A mediation agreement is signed, which records the fact that the process is confidential and without prejudice, so that anything disclosed or stated cannot be used later in Court.

The Mediator cannot impose a decision on the parties in any way. However, it's often possible to suggest solutions, which could not be suggested in Court, and which the Court could not order. Any agreement reached is, of course, written down and signed in the best legal tradition.

Last week (9 -13 October 2006), Her Majesty's Courts Service held a range of events locally to raise the profile of mediation as part of national ‘Mediation Week’. The Courts actively encourage mediation, because its high success rate eases pressure on public resources. James concludes: “Opting for mediation has saved my clients the hassle and expense of long trials, and allowed confidentiality to be preserved. In my view, there's no limit on the value of disputes mediation can resolve”.