West Dorset Magazine - July 2023

Let's have a talk about sorting out your dispute

Mediation is an effective way of resolving many different types of dispute without any need to go to court. It takes less time, costs less and is usually much less stressful than court proceedings. The Civil Mediation Council is 'a charity which aims to promote the resolution of conflicts and disputes by encouraging the use of mediation and other dispute resolution techniques and methods and to advance the education of the public in matter related to this.' Mediation can take place onsite, in the participant's homes (usually for boundary disputes and neighbour disputes), at Pharaoh Law's offices in Dorchester of indeed anywhere that is appropriate depending on the nature of the dispute to be mediated.

Once both participants consent to mediation, they will be asked to sign a Mediation Agreement before the mediation commences to ensure that all participants understand the process. Participants must confirm that the mediation discussions are to remain confidential. The participants will prepare and send tot he Mediator a note of their position together with relevant documents. The Mediator will prepare by reading the papers carefully to understand the positions of the participants and the case before the mediation hearing begins. A legal representative, such as a solicitor, may attend the hearing with the participants. Participants are given their own private 'space' to preserve confidentiality and so they can talk in private. The Mediator then shuttles between the parties during the the mediation, asking questions of the participants about the dispute and exploring whether an agreement can be achieved. It may be that the participants will wish to discuss their issues altogether on a face-to-face basis but the consent of all participants concerned must be obtained and discussions will only take place in the presence of the Mediator. The costs of the mediation are usually shared between the participants. There are a considerable number of advantages to mediation, some of which are set out below.

When compared with court procedure, mediation is usually quicker, cheaper, less stressful and provides more flexible outcomes than a judge could order, such as an apology. It is also without prejudice, and a confidential process with an extremely high settlement rate. It is often seen to produce a 'win-win' outcome for both participants, and they can still commence or continue court proceedings should mediation not be successful. Mediation is an empowering experience for those involved and allows the participants to craft their own resolution to their dispute without court intervention. Contact Lisa at Pharaoh Law Solicitors, on 01305819696, or at mediation@pharaohlaw.co.uk.