My Business is Involved in Litigation – Should I Mediate?

What is Mediation?

Mediation is a confidential process used either prior to, or within, the litigation process to assist parties settle a dispute. An impartial mediator is appointed and parties meet to negotiate with the end goal of coming to a mutually agreeable solution. Parties are not obliged to accept an outcome, and a matter can still proceed to trial should either party not be satisfied with the proposed action.

Although mediation may not result in the settlement of an entire dispute, it can help parties to narrow down any issues or point of dispute as well as giving the parties an opportunity to review evidence at an early stage, therefore potentially saving time and costs further down the line.

The Benefits of Mediation

Some may think that engaging in mediation is a sign of weakness or lack of confidence in the prospects of the case, however, there are many benefits to mediation - the process is much quicker and faster than going to trial, parties can save legal fees and businesses and clients can preserve their relationship rather than partaking in an adversarial court battle.

Should I Mediate?

However, mediation may not be the best course of action if either or both of the parties are unwilling to cooperate and can, in these circumstances, make the process a waste of time and resources. Mediation may not be successful if either or both parties are unable or unwilling to exhibit a “cards on the table” approach in respect of disclosing evidence relevant to the dispute.

The Court will want to see that parties have at least considered the prospect of mediation and there could be costs consequences should a Judge decide that mediation has been unreasonably refused.

Mediation allows parties to be intrinsically involved with the resolution of the dispute rather than leaving the outcome up to a Judge to decide.

If you are involved in a dispute, our Solicitors can assist you in deciding whether mediation is the best course of action for your business.