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Mediation

Mediation involves an independent third party, called a mediator, working with the parties involved to help them reach a solution that is acceptable to everyone. The mediator is completely impartial and is not allowed to provide legal advice although they can give a wealth of information about the law and the Court's approach in similar cases.

At BPE we have a number of trained mediators and can help resolve issues in a number of areas including Construction, Family, Intellectual Property and Litigation.

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What Are the Benefits of Mediation and How Does it Work?

There are several benefits to choosing the mediation process rather than taking a matter to court:

  • Cost. Mediators will charge a fee for their work but the process is generally quicker that taking the matter to court and it is therefore usually cheaper to resolve the issue this way.
  • Confidentiality. Mediation sessions always remain strictly confidential. Usually, what is said or written during mediation cannot be used in court proceedings, although there are some limited exceptions to this rule.
  • Control. The parties involved in the dispute are able to keep control of the situation and decide whether or not to settle and on what terms. In a court situation the control resides with the judge or jury.
  • Compliance. In mediation an agreement will be reached mutually. As both parties have therefore agreed to the terms the level of compliance is high with both sides carrying out the agreed steps to resolve the matter. This can often mean additional costs are avoided in the future as disputing parties will not have to return to court or pay a lawyer to enforce the decision.

Generally mediation is carried out face to face with parties discussing the issue around a table, facilitated and supported by a mediator although it is also possible to conduct it remotely using video conferencing.  There is also the opportunity for parties to break out into their own spaces to discuss elements of the mediation in private before regrouping to continue the mediation.  Mediation is typically most successful if scheduled to last for a full day.  This allows all parties time to dedicate to resolving the issue, committing to resolving the issue in question but without it dragging out. 

Our experienced team of litigators include specialist mediators and we regularly run mediation sessions, encouraging clients to settle matters before they reach court.

For advice on how to settle your dispute and ensure that the matter is resolved quickly, smoothly and with the best outcome for all parties involved, contact a member of the BPE Litigation team.

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