Dispute Resolution - Mediation

Some of the more difficult disputes benefit from mediation, a process of negotiation through an impartial third party. The mediator does not decide who is right and who is wrong. He or she helps the parties to recognise the strengths and weaknesses of their position and the benefits of reaching a settlement.

Mediation versus litigation

Litigation

• Litigation can take years
  
  
• The claim is determined judicially
  
  
• The outcome is binding on both parties
  
  
• Has to follow rules
  
  
• Concerned with the parties’ rights
  
  
• The outcome is usually ‘all or nothing’
  
  
• The process is largely in the hands of the lawyers
  
  
• Can be very expensive
  
  

Mediation

• Often takes weeks
  
  
• The process is consensual, helped by a neutral facilitator
  
  
• Non-binding; the parties retain control of the outcome
  
  
• Uses flexible operational models
  
  
• Concerned with the parties’ interests
  
  
• Can result in a range of outcomes, including creative solutions
  
  
• The process is often largely in the hands of business people

Two of our partners, Charles Broadie and Peter Garry, are accredited mediators and are available to assist the parties in a dispute. Other members of the department also have experience of mediation and have received training in this important area.