Why Mediate

Frequently Asked Questions

What is Mediation?
Can I settle my dispute by not going to Court?
Do I have to Mediate?
What Control do I have?
What about the legal stuff?
When can I mediate?
So what have I gained if the mediation fails?
How soon can I sort it?
What if I don't agree?
Is it Private?
What will it cost?
Who pays?
Why should I Choose an RICS Accredited Mediator?
How do I find an RICS Accredited Mediator?

 

What is Mediation?

Mediation is a voluntary, non-binding, and private dispute resolution process in which a trained neutral person - the RICS Accredited Mediator - helps you try to reach a negotiated settlement. As a neutral third party the mediator brings a new energy to stalled negotiations or helps find a way to get parties to move from entrenched positions by focusing on their needs and how to meet them. The process is confidential, flexible and, unlike a Court, there is no imposed decision: the parties themselves retain ownership of and responsibility for any settlement that is reached.

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Can I settle my dispute by not going to Court?

YES. Mediation is offered as a solution by many Courts as part of the litigation process. Even if you are already in Court action you should still consider trying mediation as the benefits are substantial in time, cost and relationships.

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Do I have to Mediate?

NO but there are many reasons why you should try an DMC Mediation. It is usually more cost and time efficient than litigation. It need not involve lawyers. It tries to get what the parties really want, if they can, and has the possibility of finding solutions that a Court cannot. Mediation protects relationships and helps to look at wider business affairs than just the present dispute, because it looks at the future rather than the past.

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What Control do I have?

With a DMC mediation you can control the outcome of the dispute rather than have it imposed on you and be dissatisfied with the result. The process cannot start or continue without your agreement. That means you can control the costs, and leave the process at any time without any decision being binding on you.

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What about the legal stuff?

If there is some merit on both sides a reasonable agreed solution can usually be found. You don't have to worry about technical legal arguments, or about not understanding what is going on. You can focus on the issues which are of real importance to you and not have to fight existing legal principles.

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When can I mediate?

You can mediate at any time but the earlier the better. If a dispute is already in the Court you may ask the Judge for an Order to Stay the action. This will put everything on hold until conclusion of a successful mediation or the dispute returns to Court.

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So what have I gained if the mediation fails?

Whilst over 70% of mediations are successful, some disputes require a determination from a Judge. Every Court now has a responsibility under the Civil Procedure Rules (CPR) to actively consider mediation and those parties that have not gone through the mediation process lead themselves open to being penalised by an Court imposed Adverse Costs Order. If parties are judged not to have 'acted reasonably' even those that 'win' at Court may be penalised when costs are awarded.

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How soon can I sort it?

Generally there is a speedy solution, and saving time usually means saving costs. The success rate is good - typically between 70-80% of disputes settle either on the day or shortly afterwards. Usually mediation can be arranged and carried out within a few weeks rather than years when taken to Court.

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What if I don't agree?

If parties are unable to reach agreement, you can still go to court. The details of what went on in the mediation will not be disclosed or used at a court hearing.

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Is it Private?

Everything takes place in private, so you do not have to be concerned about publicity which might affect you or your business, trade secrets becoming known, or an adverse precedent being set. Both the existence of the dispute itself and the terms of any settlement may remain confidential.

Most people don't really want to litigate any way, or at least don't want the worry, expense and uncertainty of a trial. An DMC Mediation offers a good chance of avoiding all that. It is not a cure all, but it does suit most land, property and construction disputes.

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What will it cost?

That will depend on the total value of the claim, complexity of the issues, and the length of the process. Typically small value time constrained mediations of 3 1/2 hours will cost in the order of £425 per party. Full day mediations can be upwards of £700.

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Who pays?

Usually both parties agree to share the cost of mediation.

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Why should I Choose an RICS Accredited Mediator?

There are many mediation services available now, but with an RICS Accredited Mediator you know you have the benefit of a trained property and construction professional who is not only a mediator but usually will be experienced in the subject matter of the dispute. He or she will be a truly neutral person having no association with either of the parties nor any interest in the outcome. Someone whom all parties can trust. Someone who assists the parties in a non judgmental way in their negotiations to work towards a consensual resolution to the dispute.

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How do I find an RICS Accredited Mediator?

For further information on the process and its cost and to find an RICS Accredited Mediator contact
Grant Vincent MSc.(Eng), FRICS, FRSPSoc
info@dispute-mediation.co.uk or click through to our contact us page below

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or contact us for more information and guidance

 

Dispute Mediation

Mediation is a practical yet sophisticated process designed to address the real issues and obstacles behind conflict in reaching a commercially viable solution.

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