Why More Disputes are Being Resolved Outside the Court Room
As the courts increasingly encourage or direct parties to mediate, more people are becoming aware of the advantages of mediation. This is leading to more disputes being resolved outside of the Court room.
Is Mediation Mandatory?
Following a change to the Civil Procedure Rules in October 2024, the court can take a failure to comply with an order for alternative dispute resolution, or an unreasonable failure to engage in alternative dispute resolution into account when considering costs. Furthermore, under the Small Claims Pilot Scheme, attending a mediation is an integrated, required step in resolving a money dispute under £10,000.
What are the advantages of Mediation?
Apart from complying with court directions or rules, there are major advantages to mediation. Mediation saves time and stress for participants and legal representatives and can save a lot of money. It allows people to have far more control over the outcome than leaving the decision in the hands of a Judge and the lottery of a final hearing. If mediation takes place before proceedings have started other things can be written into a mediation agreement that are not possible in a court order (such as a written apology).
If you have a potential or ongoing dispute which is causing stress, or looks like heading for court (or is already in court) then maybe you could consider mediation. For more information on mediation or to book an appointment please contact our mediation solicitors today.
What is the role of a Mediator?
Using a professional mediator to help participants negotiate a settlement can result in a problem being solved far more quickly and cheaply than going to court. The mediator’s role is to help the participants better understand their individual, and common interests. Mediation is a way of working with people to enable them to resolve their differences. It is an opportunity to “nip things in the bud”, and for participants to own and manage the outcomes. It is confidential impartial and non-judgemental. Mediation follows an ethical code of practice.
As Miles J ruled in the case of DKH:
- Even where parties’ positions are diametrically opposed mediation has been shown to be successful;
- While there was some force in the defendant’s views that mediation was too late, there can be an advantage in positions being crystallised through pleadings and witness statements;
- Mediation can often overcome an entrenched reluctance of parties to negotiate;
- The range of options available in mediation to resolve the dispute went behond the binary answer a court could provide;
- The mediation could be ‘short and sharp’ since little documentation would be required and mediation would not significantly disrupt the parties’ preparations for trial.
The great thing about this case is that the parties went off a few days after the judgment, mediated and settled the case. This is the future of dispute resolution.
“Mediation is capable of cracking even the hardest nuts. The process sometimes succeeds in cases where the parties appear at first to have intractable differences….”
– Mr Justice Miles in DKH Retail Ltd v City Football Group Ltd [2024]
The Future of Dispute Resolution is Mediation
Our prediction is that mediation will turn out to be the biggest change in the way cases are conducted in the civil courts for many years and that eventually almost all cases at court will be subject to mediation and will hopefully be resolved without lengthy and expensive court hearings.
As solicitors at Edwards Duthie Shamash we see people spend years of their lives involved in stressful and expensive litigation which could often be avoided. People are increasingly realising that court should be the last resort, and that their issues could be resolved in a matter of weeks rather than the next couple of years.
How Our Mediation Team Can Help
If you are involved in a dispute, seeking early advice on mediation can make a significant difference. At Edwards Duthie Shamash, our experienced mediation team can guide you through the process with a practical and solution-focused approach.
We work with individuals and businesses to resolve disputes efficiently, helping you avoid the stress, cost, and uncertainty of court proceedings. Our team will support you at every stage, from preparing for mediation to reaching a mutually acceptable agreement.
Speak to Our Mediation Specialists Today
Disputes can be challenging, but mediation offers a constructive and cost-effective route to resolution. By understanding your options and engaging in mediation at an early stage, you can often achieve a quicker and more satisfactory outcome.
If you are considering mediation or would like to explore whether it is suitable for your situation, our team is here to help. We are committed to helping you reach a fair resolution while preserving relationships wherever possible.
At Edwards Duthie Shamash, our experienced mediators will guide you through the process with clarity and confidence. If you would like to discuss mediation, please contact our mediation team on mediation@edslaw.co.uk and we will be in touch.
Mediation Solicitors – FAQs
Dispute resolution mediation is a voluntary process where an independent mediator helps parties reach a mutually acceptable agreement. It is designed to resolve disputes without the need for court proceedings, saving time, cost, and stress.
At Edwards Duthie Shamash, our experienced mediation team has extensive knowledge of resolving a wide range of disputes efficiently and fairly. We provide clear, practical guidance to help clients reach workable solutions without unnecessary litigation. If you would like to understand whether mediation is right for your situation, our team is here to advise you at an early stage.
Mediation itself is not legally binding, but if an agreement is reached, it can be recorded in a written settlement. Once signed, this agreement can become legally binding and enforceable.
Our solicitors at Edwards Duthie Shamash have significant experience in mediation. We help clients protect their interests while achieving practical resolutions. If you are considering mediation, we can guide you through how any agreement may be formalised and enforced.
Mediation can be used for a wide range of disputes, including commercial disagreements, property matters, family issues, and civil claims. It is particularly effective where parties want to maintain relationships or avoid lengthy litigation.
At Edwards Duthie Shamash, our mediation team has experience across multiple areas of law, allowing us to support clients in even complex and sensitive disputes. We focus on achieving constructive outcomes that work in practice. If you are unsure whether your dispute is suitable for mediation, we can provide clear, expert advice tailored to your circumstances.
Mediation is typically much quicker than going to court. Many disputes can be resolved in a single day or within a few weeks, depending on the complexity of the issues involved.
Our team at Edwards Duthie Shamash understands the importance of resolving disputes efficiently to minimise disruption and cost. We work proactively to prepare cases properly so that mediation sessions are as productive as possible. If you are looking to resolve a dispute promptly, we can help you explore whether mediation is the right route.
While you are not required to have a solicitor, legal advice can be very helpful. A solicitor can guide you through the process, help you prepare, and ensure any agreement reached protects your interests.
At Edwards Duthie Shamash, our experienced solicitors and mediators provide clear, practical support before, during, and after mediation. We ensure you understand your position fully so you can make informed decisions with confidence. If you are considering mediation, we would be happy to advise you on the best way to proceed.