Why Mediate?

Why Mediate?

 This note is distinct from family mediation and family alternate dispute resolution (including arbitration) but, if you would like to discuss those considerations, please contact us.

This note relates to disputes that would otherwise end up in the Civil Court and the question posed sets out the significant benefits of mediating or using some form of alternate dispute resolution.

The Court system is adversarial and rapidly gains a momentum (and expense) of its own. Court proceedings are notoriously expensive, time consuming and emotionally draining. It is more likely through the mediation process that you retain the majority of the control and responsibility for settlement. It is undoubtedly quicker and, whilst it still comes at a cost, it is noticeably less expensive.

The process normally involves the appointment of an agreed mediator. The format of the mediation is flexible. Below are some examples of the cases where we have been involved in mediations most recently. All of the cases settled on agreed terms on the mediation day.

 

Boundary Disputes

In our experience boundary and neighbour disputes are particularly attractive to a resolution by some form of mediation / ADR. They are otherwise very expensive and unlikely to give any prospect of restoring good neighbourly relations. Examples include the removal of boundary fences, the re-erection intentionally in the wrong place, damage caused by trees and roots and building works.

Inheritance Disputes

Issues arising with regard to Wills, probate and potential inheritance and Provision for Family and Dependents Act claims are also ideal for resolution in this forum. We have recently dealt with matters where brothers were in dispute concerning funds and the distribution of the same from their deceased mother’s estate. We have also been involved in cases where siblings have fallen out concerning the ongoing living arrangements for a parent.

Cohabitation (with related property / business interests)

We have dealt with cases where the parties were not married but had multiple ownership of properties in respective names, not joint, and also had related business interests.

Professional Negligence

Claims against professional advisers including lawyers, surveyors and accountants have been resolved with successful ADR mediation.

Association of Clubs and Non-Corporate Bodies – Member Disputes

We have been involved in issues arising between members with their governing body (and, indeed, with governing body members themselves) which were resolved by ADR mediate.