Mediation & ADR
Finding ways to settle a dispute outside the Court is becoming more and more important.
This is not simply because litigation can be expensive but also because parties increasingly look for a more flexible settlement solution than may be available from the Court. In any event, Court rules penalise parties who do not consider and, where appropriate, use mediation or ADR.
Mediation is a non binding process designed to get the parties together and to help them reach a negotiated settlement. More often than not, mediations are successful. Other forms of ADR include arbitration. In some circumstances, the parties can agree who the arbitrator should be or what experience they should have. For example, you might choose a professional, such as a chartered surveyor or accountant to assist the process. We frequently deal with property and other arbitrations (often of high value) including difficult issues and also large scale multi-party arbitrations.
Preparation for mediation and arbitration is vital and our experience often makes all the difference to the outcome. Our dispute resolution team is highly experienced in the conduct of mediations and arbitrations. We regularly act as mediators or arbitrators ourselves. Our mediators page has more information about this service.
Mediation is increasingly used to give the parties to a dispute a chance to reach a solution that both parties will accept. Mediation gives the parties an opportunity to agree a result. It can save time and costs and avoid the stress and uncertainty of a dispute being decided by the Court. Choosing a mediator with knowledge of the subject matter and with skill to assist in reaching a settlement is critical.
Some of our Partners and Consultants are accredited mediators and can assist in resolving dispute in this way. Our mediators are trained by accrediting bodies such as CEDR.
Andrew Tugwell is a solicitor and chartered surveyor and is experienced in conducting mediations.
Deciding to use mediation is an important stage and a significant step towards resolving the issues. We can help you make the most of this opportunity. We can provide a mediation agreement and deal with the appointment logistics and procedure. We can help with finding a neutral venue and generally assist you in starting the process as well as concluding it.