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.

Court

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.

Mediation

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: www.mediatelegal.co.uk. Feel free to contact us if you would like to discuss mediation further.