Mediation for resolving civil or commercial disputes is the best option in many situations. The costs tend to be lower and it can be a quicker process than litigation. It could also prevent the dispute from escalating and ending up in Court – which can have negative consequences for both sides. If mediation is an option you’re considering, it’s better to start as early as possible. Here are our top 10 tips for those considering mediation for dispute resolution.
- Do your research and pick your mediator carefully
A qualified mediator who understands the nature of your dispute is much more likely to be able to help you reach an agreement. Find a qualified mediator who is also a dispute resolution solicitor with legal experience in the area of your dispute.
- Be prepared and know your goals
Think carefully about what you want to achieve from mediation. By writing down your key goals it will be easier for you to stay on topic, prevent distractions and achieve a workable solution to the dispute.
- Consider the other person’s position
If you have no perspective on the position of the other person, you may find it hard to reach an agreement through mediation. Think about things from their viewpoint. By understanding how they feel, mediation is much more likely to be successful.
- Examine how you got here
Where did you start and where are you now? What events have occurred that have brought you to this point? Taking some time to consider what caused the dispute and how it escalated could help prevent further escalation during mediation.
- Think about the driving factors
Are there things you are willing to compromise on that make a difference to the other person? The purpose of mediation is to help you come to an agreement that both of you can live with. Coming into mediation with no intention of compromise will make the process more challenging. Taking the time to clarify where you could make a trade off will help you to achieve a resolution.
- Consider the alternatives
Litigation is often the alternative option if people can’t resolve their dispute. But this is likely to come at a cost in terms of money, time, and possibly reputation. Weighing up the alternative, mediation can very well be the quicker and cheaper route to resolution.
- Consider all the potential outcomes
One of the benefits of mediation is that both of you will have control over the outcome – something that is lost when you go to Court and a judge imposes judgment upon you. If there is the potential for a more unconventional outcome that would suit both of you, then mediation could help you achieve this.
- Examine the costs
A dispute resolution lawyer will be able to help you understand the potential costs involved in mediation, litigation or going to Court. You should consider all options available to you before making a decision on the best route.
- Give thought to your relationship
Is the other person involved a family member, a friend, a neighbour, or a person that works in your industry? If maintaining a relationship with the other person is essential or important to you, then mediation is likely to be the best option for you rather than litigation.
- Remember that your agreement will be legally binding
If a resolution is achieved, you will benefit from a legally enforceable agreement.
Talk to us
If you need any advice on how expert mediation could help you resolve a dispute, then do not hesitate to get in touch with our expert dispute resolution team.
Or contact Matthew Cotton – Senior Associate & Accredited Civil & Commercial Mediator.
t: 01865 594265
e: matthew.cotton@hedgeslaw.co.uk
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