Could Dispute Mediation be the Right Way Forward?

December 2024

If you’re involved in a dispute, it’s likely that a solicitor will recommend that you consider professional mediation before taking any further legal steps.

In a dispute mediation process, all parties who are involved in the disagreement will meet in a neutral place alongside a professional, third-party mediator. The mediator’s role is to try and facilitate productive conversation between parties, with the ultimate intention of reaching a solution everyone can agree on.

Why try mediation?

Mediation might not seem like a particularly attractive option, especially in cases where the disagreement is very firmly entrenched. You also might not be keen to engage in a mediation process if you believe you have a strong claim.

But there can be significant benefits to engaging with mediation, even if you believe you have a very good chance of a court ruling in your favour.

These benefits include:

• Reaching a resolution far more quickly. Formal legal proceedings can take a year or more to resolve. Alternatively, mediation might enable you to reach an agreement in a matter of weeks.
• The possibility of repairing relationships. Mediation can be a good first towards resolving issues, especially as the process is generally concerned with finding a solution that will work for all parties.
• Keeping costs down. Working with a dispute mediation professional is generally a great deal cheaper than going to court.
• Having more control over the situation. Mediation gives parties much more of a voice than they are likely to have in court. This also makes it a more predictable and less stressful option.

What happens during mediation? 

When you choose to engage with the mediation process, you will work with a professional who is not on the side of any individual party. Rather, the mediator’s job is to look at the situation from a neutral viewpoint and seek to find a compromise that would be beneficial to all parties.

During sessions, which could be held either in person or online, the mediator will help to explore the emotional dynamics of the situation. This is important, as disputes are often just as much about emotional hurt as they are about money or property. The mediator will seek to address the emotions of the situation in the hope that discussing these will then allow all parties to move forward to explore possible solutions.

Though there can be significant benefits to bringing all parties together in one place, unfortunately there may be situations where this is unlikely to be productive. In these scenarios, it is still possible to explore mediation, as the mediator can act as a go-between.

Will a mediator work with each party individually? 

Though much of the work is completed with all parties in discussion together, mediators will also often spend some one-on-one time with each party. This time will often be spent discussing what might happen if the claim was to go to court. Exploring both best and worst case scenarios can help to put the risk of a court case into perspective, and will allow each party to consider how willing they are to take that risk.

These individual discussions can help each party to determine what kind of negotiations they’re open to. Though it’s important to note that these one-on-one discussions are completely confidential and will never be disclosed to anyone else involved in the process. The mediator will also never be on one party’s side more than other.

Will you have to compromise in mediation?

In short, yes. In order to properly engage with mediation, all parties will need to be prepared to compromise. Some claimants might find this difficult, especially if they believe they have an especially strong claim.

However, compromise is not limited to the mediation process. If a case was to go to court, it would be unlikely for any one party to get an outcome they were completely happy with. Rather, a compromise is still likely to be involved, but it would be one that was decided by the court, and the individual parties would not have a say in it.

In almost all situations, engaging with mediation enables parties to explore creative solutions and reach an agreement everyone feels able to live with.

Is mediation always successful? 

Unfortunately, mediation doesn’t always result in an agreement. In situations where the parties genuinely cannot find a way forward between themselves, the next step is usually to continue with formal legal proceedings.

It’s important to keep in mind, though, that many courts expect claimants to have fully explored mediation. If the court believes that either party has not genuinely engaged with the mediation process, they may choose to impose sanctions or fines on that party as part of any court settlement.

Is mediation right for you?

If you’re involved in a dispute, it may be beneficial to explore the possibility of professional mediation. We’d recommend speaking to a solicitor who specialises in disputes, as they’ll be able to advise you on how best to proceed.