Going to Court is now seen as a last resort.
If proceedings are issued, it can be an expensive, stressful and a lengthy process for all parties concerned. There are always risks and never any guarantees of success. As such, in the spirit of the Civil Procedure Rules, which governs litigation in England and Wales, parties are forced to act reasonably during litigation and are encouraged to avoid the need for court action where possible.
Many disputes are therefore resolved before a full trial.
Quite often, the parties involved have used a form of Alternative Dispute Resolution (ADR) to reach a settlement. Forms of ADR include, negotiation and mediation, arbitration and adjudication.
When used appropriately ADR can:
- Save time by allowing resolution in weeks or months, compared to Court, which can take years.
- Save money
- Place the parties in control
- Focus on the issues that are important to the people in the dispute instead of just their legal rights and obligations
- Help the people involved come up with flexible and creative options by exploring what each of them wants to achieve and why
- Preserve relationships by helping people co-operate instead of creating one winner and one loser.
- Produce good results, for example although mediation does not always result in a settlement, it generally has a high success rate. Mediators who responded to the seventh mediation audit carried out by the (CEDR) in July 2018 reported that just over 74% of their cases settled on the day, with another 15% settling shortly thereafter
- Reduce stress from court appearances
- Lead to more flexible remedies than court,for example by making agreements that a court could not enforce or order
- Be satisfying to the participants, who often report a high degree of satisfaction with ADR processes.
If you are in a dispute it is never too late to consider ADR. If you wish to participate our approach is to reach a pragmatic resolution as swiftly as possible. Although there will be an element of compromise we will attempt to obtain a suitable solution for you.
I would like further information, who should I contact?
If you would like advice on any mediation related issue, please do not hesitate to contact one of our Dispute Resolution and Litigation Solicitors, Laura Colebrook or Laura Ellis, by telephoning 0118 975 6622 or by email by clicking on the solicitor’s name. They will be happy to have an initial conversation with you.