When should I mediate?
You can use mediation whenever you want to. Courts will often expect the parties to have at least attempted mediation before going to court. In fact, if the court decides that you have unreasonably refused to mediate a dispute before going to court, the court might penalise you even if you are successful at trial.
If we put it simply though, the earlier you use mediation the more you will benefit. Disputes will drag on for a long time before getting to court. And while it rumbles along towards a trial, you will be expected to commit a huge amount of your time, energy, and money in order to maintain your position and prepare for trial.
Obviously, if you mediate a dispute as early as possible, your savings will be much greater than if you wait until the court orders you to use mediation.
Proactive vs Reactive?
Mediation is often thought of as being a reactive procedure – a dispute occurs and then you enter mediation in order to resolve it. And it usually does – mediation has a success rate of over 80% in the UK.
But mediation can also be used proactively to prevent disputes from developing. Imagine there is a problem with one of your key suppliers, and you’re worried that it could develop into something which could damage the relationship. A difficult conversation will be required to attempt to resolve the problem and maintain good relations. This process can be much easier if you use a mediator to help you
