West Dorset Magazine - November 2023

Save money, time and sanity by mediating instead

Mediation is an effective way of resolving many different types of dispute without going to court. it takes less time, costs less and is usually much less stressful than court proceeding.

Mediation can take place on-site, in the participants' homes (usually for boundary disputes and neighbour disputes), at Pharaoh Law in Dorchester or anywhere depending on the nature of the dispute. Once both participants consent to mediation, they will be asked to sign a mediation agreement to ensure they understand the process. Participants must confirm discussions are to remain confidential. The participants will prepare and send to the mediator a note of their position together with relevant documents. The mediator will read 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. Participants are given their own private space for confidentiality and so they can talk in private. The mediator then shuttles between the parties during the mediation, asking questions about the dispute and exploring if an agreement can be achieved. It may be the participants wish to discuss their issues face-to-face but the consent of all participants must be obtained and discussions will only take place with the mediator.

The costs of mediation are usually shared. There are a considerable number of advantages to mediation. When compared with court, mediation is usually quicker, cheaper, and provides more flexible outcomes than a judge could order, such as an apology. They are also less stressful. Mediation is without prejudice, confidential an has an extremely high settlement rate. It's often seen to produce a 'win win' for both participants.

Participants can still commence or continue court proceedings should mediation not be successful. Civil and commercial mediation is effective at resolving disputes involving debt/money, contentious probate, contract, boundaries, property, landlord and tenant. Workplace and employment mediation is effective at resolving disputes involving employee/employer disagreements in the workplace, or any employment issue.

You can use mediation if you have already started court proceedings. If a settlement is reached there will be no need to obtain a court's determination. The proceedings will end. If the participants do not reach an agreement you can still commence court proceedings, or, if you have already started them, they can still go ahead but details about what was discussed in the mediation hearing are not disclosed to anyone outside of the mediation hearing, not even to the court. This means that what is discussed is strictly confidential.

Mediation is an empowering experience for those involved an allows the participants to craft their own resolution to their dispute without court.