The benefits of using a mediator in the UK

 

A mediator is a neutral third party who assists people to resolve disputes through negotiation. This can be a cheaper, more flexible and less stressful alternative to going to court.

Benefits of mediation

Mediation has been on the rise in recent years. This form of alternative dispute resolution is often associated with arbitration, although the two are significantly different.

The benefits of mediation for UK businesses are numerous, but they vary depending on the industry, the dispute and even the mediator. UK businesses most commonly cite:

  • The avoidance of full litigation costs as the reason for attempting mediation, which is probably the most crucial benefit of this service
  • UK businesses that are able to settle a dispute through mediation are much more likely to work together in the future

This is because unlike in court cases, mediation works by bringing each party closer to the other side, attempting to arrive at a mutually acceptable compromise. Once this is reached there is much less of the lingering resentment that often follows a court decision.

The other significant benefit is of course the matter of time. A mediation that progresses smoothly and results in a compromise can, in theory, resolve a dispute in one day. Litigation or arbitration proceedings typically take much longer.

The main legal aspect of mediation which solicitors are likely to inform you of is that mediation is not legally binding. This means that if you attend mediation you are under no legal obligation to accept any offered settlement.

Choosing the right mediator

It is important to choose an appropriately specialised mediator. They need to have the required contextual knowledge to understand your dispute and the issues involved.

A certified and accredited mediator will:

  • Be a registered member of the Civil Mediation Council in England and Wales
  • Belong to the Scottish Mediation Service, managed by the Scottish Mediation Network, in Scotland
  • Belong to the Mediation Northern Ireland Service in Northern Ireland

In addition, the skills required of a mediator vary. In family mediation, it is critical for the mediator to be sensitive and empathetic. On the other hand, in commercial disputes the mediator is likely to be hard-headed and focused on reaching a pragmatic solution quickly.
There are different styles of mediation. For example:

  • Facilitative mediation focuses on providing a forum for the parties to negotiate, and encouraging them to empathise with one another
  • Evaluative mediation involves the mediator taking a more interventionist role and is geared towards reaching a settlement based on the legal rights of the parties

The skills and knowledge required for each kind of mediation are somewhat different. If you are interested in using the services of a mediator, Contact Law can refer you to recommended professional mediators specialising in a range of dispute areas.

If you are interested in resolving a legal dispute through the work of a mediator, UK solicitors can also commonly help. Litigation solicitors can sometimes work as mediators or they can advise on the applicability of mediation in your particular case.

Want to know more? Find out what disputes mediation is suitable for.

Are you looking for a certified mediator to help you resolve an issue outside of court? Contact Law works with a variety of mediators who work in a range of industries who can help you find a practical solution to your problem. Please call us on 0800 1777 162 or complete the web-form above.

Call
0800 1777 162
or fill in the form
Our trained advisor contacts you
Your chosen specialist solicitor calls you
Quick enquiry form
Area of law:
Name:
Town/City:
Email:
Phone:
What our clients say about us
"This was the first time I've been to court, which was a nerve-racking experience for me. However, I felt very prepared, I understood my case and representation - this was down to you."
Gavin, criminal motoring, Oct 15
"Your service, and the prompt call back from your recommended firm was very good. I would not hesitate to call again or recommend your service."
Ian, employment law, Truro, July 15
"The firm were excellent, could not have been better! They are exactly what I need right now."
Linda, criminal defence, Thames Ditton, Jul 15
"Your contact and service was immediate and utmost professional, 10/10."
TF, conveyancing, Dudley, Jun 15
"I appreciate the service that you provide. I found you to be courteous, efficient and reassuring at a time when my confidence in justice is completely negative."
Patrick, litigation, Pontypridd, Jun 15
"I cannot tell you how much I appreciate the speed of which you came back to me in. If anyone else can benefit from your help like I have done, it would make my day."
Gail M, family law, Potters Bar, Jun 15
"Your assistance was extremely helpful. Particularly to someone who in 40 years of business has never experienced this sort of issue."
TD, commercial litigation, Galashiels, Apr 15
"It is difficult to express the value Contact Law has to someone like me who had very little understanding of the law and how to proceed forward with my case. Thank you for the service you provided."
AE, defamation law, Worthing, Apr 15
"Thank you for the efficient service I received. I was contacted by your solicitor on the same day as my request. Your quick response to my situation made me feel secure."
AN, employment law, London, Apr 15
"Your service was excellent, very fast and informative. I never got the impression of being pressurised at all. The solicitor you recommended was also excellent – very knowledgeable and supportive."
JHD, Motoring law, Liverpool, Apr 15
Contact Law supports the endeavours of STAE and commends all the work they are undertaking to assist in the plight of the Asian Elephant

 

We use cookies on the Contact Law site to help us improve it.

If you would like to allow our cookies, please click 'Continue' or carry on browsing. For more information on cookies and how to change your settings, click 'More info'.