CIVIL MEDIATION –A low-cost, effective alternative to litigation
Nobody relishes the prospect of going to court unless it is absolutely unavoidable. It can be time consuming, costly, confusing and sometimes even intimidating. Therefore, it can be in everybody’s interests to consider an alternative civil mediation.
At Barclay DeVere we have a specialist team of mediators that can assist clients to reach a satisfactory solution to their dispute without the need for it to progress to court.
Mediation is frequently overlooked as an efficient and effective way of resolving civil disputes. The mediation process has numerous benefits and most disputes can be resolved between the participating parties in a day or two without the need to involve lawyers, although they can be present in an advisory capacity if desired.
Barclay DeVere’s trained mediators will work with both parties involved in a civil dispute and endeavour to bring a resolution by seeking to find common ground that both sides will agree to accept.
Mediation is conducted at a venue agreed between the disputing parties and a time that is convenient to those involved. Generally the process will be conducted in an informal environment such as an office suite or facilities provided in a hotel. Both parties usually share the costs of the participating in the process.
Barclay DeVere’s mediators are trained professionals; most are legally trained and may be practicing lawyers. The process is completely confidential and any discussion involving a mediator is conducted in private and cannot be divulged to the other party. Similarly, anything discussed during the mediation process remains ‘without prejudice’ and cannot be used as evidence if the matter subsequently goes to court.
The mediation process is completely voluntary and participants, or the mediator, can terminate the process if they feel there is no chance of reaching a resolution.
Points to consider
- Civil Mediation is a voluntary process that has been agreed to by the opposing parties in a dispute
- It is cheaper, generally quicker and far less formal than litigation
- The process encourages the disputing parties to reach a solution to their dispute by self-resolution
- Mediation is flexible and informal and although legal representatives can be present as advisors if participants prefer, this is not necessary
- Mediation encourages opposing parties to appreciate the other party’s position
- Parties are free to terminate the process whenever they wish
- Civil mediation is a successful way to resolve a dispute. Currently it is estimated that around 65% of mediations reach a solution without the dispute going to court
For questions on Civil Mediation call Barclay DeVere on 03333 448 100