Spotlight on Mediation by Rob Andrews
So mediation really does work.
As a mediator I know this anyway, as my experience has shown me this time and time again. One of the reasons why it is so successful is that it allows the parties to find a solution to their dispute which a court cannot provide. What I mean by this is that a court can be quite dimensional in the remedies it can order i.e. payment of money or declaration that something should or shouldn’t happen. But in mediations all sorts of commercial arrangements can be reached, often preserving the business relationships between parties.
In the last month here at Andrews Ritson, we have had three mediations. They settled as follows:
• Commercial dispute between transport company and customer. Client recovers money and solution involved delivery of goods to a location using a third party. This was ahead of court action after we had pressed for mediation following a letter of claim that had been sent to explain our client’s position and to set out what would happen if mediation didn’t take place.
• Inheritance dispute – estate agreed to be varied by all parties and the executor received clear instructions on final distribution of the estate. The result was a clear saving of significant costs for all parties, and the quicker distribution of the estate.
• Contract dispute between client and supplier – matter settled with client being released from onerous contract upon payment of modest sum. The client avoiding a final court hearing with all the costs involved, and tie up of management time in having to deal with the matter and attend court to give evidence.
In one of these cases, the other party’s solicitor delayed and put obstacles in the way of mediation for no apparent reason. The client of that solicitor could have saved even more costs had a prompt agreement been reached to mediate.
If you have a dispute and your solicitor is not talking to you about the benefits of mediation, please ask them why. You may be missing out on an opportunity to quickly resolve your dispute.
And if you need a mediator, I’d be happy to be appointed to help you find a solution to your dispute.
Contact me Email: email@example.com Tel. 01746 769700