Mediation FAQ
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Civil Mediation Essex and Commercial Mediation Essex
Frequently Asked Questions
Q: What are the benefits of mediation?
The law requires you to consider alternative ways to resolve disputes rather than just by going to Court. If you unreasonably refuse to mediate and just sue someone instead, then there is a significant risk that the Court will not allow you to recover any or all of your legal fees - even if you win the case!
Consequently, in the majority of cases, especially where both parties hope to maintain an on-going relationship, for example, in a family or neighbour dispute or when two organisations want to continue to trade with each other after overcoming the present difficulty, mediation is more likely to help you achieve a result that all parties will be happy with rather than you letting a 3rd party decide an outcome that may not be suitable for anyone.
Mediation helps you reach a solution that meets your needs rather than one that stricly enforces legal obligations. In keeping control of the process, both costs and the time it takes to get to a settlement are kept to a minimum - you do not even need to spend out on independent legal fees - and the mediation can take place wherever and whenever it is convenient for you and your opponent.
Q: Who is responsible for the costs?
Usually the mediation fees are shared equally between both sides and will be substantially less than the combined legal fees of both sides if the matter went to Court.
Q: What happens if we can't reach an agreement?
In the rare event that settlement is not achieved on the day of the mediation, the issues in dispute that are really important to you and to your opponent will have been identified more clearly and this will reduce the time it takes to find your solution. In these cases, disputes are usually resolved shortly after the mediation and in all cases the entire process is likely to take less time and therefore less cost than if mediation hadn't been tried at all. In very protracted or complex cases a second mediation could be set up to assist the settlement process further. If you feel that you just need a little more help to reach your solution, then additional mediation can be done by telephone.
How do I know if mediation could help to resolve my dispute?
Give Boyd Carter a call and he will be happy to discuss with you whether or not your case is suited to mediation and, if it is, the process, timescales and total fees that are likely to be incurred.
A FREE 30 minute discussion is available to all new clients.
Boyd can also contact the person you are in dispute with to find out if they are willing to agree to go to mediation and to sharing its costs. If you wish, Boyd can also proceed to set up the mediation session to best fit the needs of both parties.
At present, there is no additional fee for this "set up" service.