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“Taking Back Control” – why should you use Mediation?

taking back control

There’s been a lot of talk about “taking back control” recently. I won’t go anywhere near that particular debate! Instead I’d just like to discuss an area where every business can “take back control” and that is in how they deal with disputes by using mediation.


It might seem counter-intuitive but going to court actually involves losing all control over the outcome – you spend months arguing your case and preparing for trial, but the moment you step into that courtroom you are effectively hoping that a number of things happen in your favour:-

– your barrister performs better than the other side’s

– your case has been properly prepared

– your witnesses prove more credible than the other side’s witnesses, &

– the judge favours your case over the other side’s

Considering what could be at stake, that’s a lot of control to leave in the hands of others. This is especially important when you consider that the legal costs of losing a dispute at trial could be huge.


Now compare the above with mediation. If you choose to use mediation you are retaining control over the outcome of the dispute.

In a mediation, you and the other side will have the opportunity to talk through the dispute, to understand each other’s position, and to explore possible solutions that might be acceptable to you both. All of this is done with the help and guidance of the mediator.

Because you are exploring potential solutions you are more likely to find one that works for both of you. You are able to think creatively and to explore potential solutions which a court wouldn’t be able to consider.

Once you’ve agreed a solution together, you sign a legally binding agreement – on terms agreed between you.

As well as a success rate of 86%, mediation offers a host of other benefits:-

  • it’s quick, usually taking just 1 day whereas it could take up to a year to get to court
  • it’s confidential, meaning you can talk openly and frankly
  • it’s a lot cheaper than going to court

Expanding on the costs point above, if a dispute was for £100,000.00 the court fee you would pay just to START the process would be £5,000.00, and you would still be waiting up to a year to get to trial, incurring more costs along the way.

Compare this now with mediation – for a £100,000.00 dispute the mediation fee you would pay to RESOLVE the dispute would be just £750.00 plus VAT, and it would take just 1 day to be completed.

With an 86% success rate I would urge businesses to “take back control” and resolve their disputes using mediation.

Joseph Mulrooney

Mediation can be used to resolve commercial disputes, workplace disputes, or civil disputes. You can find more information about Mediation here: Feel free to contact us if you would like to discuss mediation further.

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Posted in Civil Mediation, Commercial Mediation, General mediation, Workplace Mediation

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Did you know?

Workplace disputes will affect profitability and performance. Use mediation to resolve disputes swiftly.

The longer a dispute continues in the workplace, the more dramatic the effect on those working in or around it.

Conflict between employees can spread throughout the workforce, affecting morale and performance, if untreated.

A 2008 CIPD survey found that 51% of respondents use an external mediator to resolve people problems and conflict.

A 2008 CIPD survey found that 75% of mediations were initiated by HR departments.

If you express your anger you will start an argument; if you explain your anger you will start a discussion.

In 2016 mediation will have saved UK businesses £3 billion in wasted management time & productivity, damaged relationships, & legal fees.

Ignoring ‘mega-cases’ the total value of mediated disputes in the UK each year is £11.5 billion.

Since 1990, the total value of mediated cases in England & Wales is £110 billion.

CEO of regional Charity – “We have had cause to use Mediatelegal recently and I was delighted with their service. the mediator was patient during a very emotional and somewhat difficult situation but handled it beautifully. We saved a significant amount of money and would highly recommend this organisation to anyone wishing to avoid costly legal bills.”

Linda Lavery, The HR Dept: “I cannot recommend them highly enough. They were brought in to resolve a complex dispute which had continued for months with no resolution. The process was managed from start to finish by Mediatelegal and with their expertise and impartiality, the conflict was resolved amicably for all parties in just 1 day. The management time and money that has been saved is incalculable.”

According to the CEDR 2018 audit, 89% of mediations settle successfully on the day or shortly afterwards.

You are entitled to recover certain expenses incurred when attending a SEND mediation session.

An individual might potentially require an Education, Health and Care Plan (EHCP until they reach the age of 25.

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