Birmingham Mediation Advice Litigation

Birmingham Mediation Advice Litigation
September 23, 2019 Jane Jones

Birmingham Mediation Advice Litigation

Chris Guy, litigation solicitor at RLK, reviews mediation as an alternative to involving the Court in litigation cases.

A common trend we notice with new clients is their anxiety at the expense of involving the Court to resolve a dispute. Sometimes there is no alternative and it is our job to make this process as smooth, cost-effective and successful as possible. However, sometimes disputes do not need to initially involve the Court. We also need to take into account that recently Court fees to issue a claim have increased. We therefore give serious consideration to bringing resolution to our clients’ problems without having to issue a claim.

Mediation: an Alternative to Court Proceedings

One of the alternative forms of dispute resolution is mediation. This is where an independent third party (known as the ‘mediator’) tries to help the parties reach an agreement. Mediation usually takes place in person at a venue that is neutral to all parties. It is common for each party to present a summary of their case to the mediator whilst all parties are in the room. The parties then leave the room and go into separate rooms where the mediator will visit them privately.The mediator will move between the rooms to identify issues where an agreement could potentially be reached. A good mediator can guide the parties closer to an agreement. Usually, a binding agreement can be reached on the day.  If this is not achieved, the parties are able to narrow the issues in dispute. Where settlement overall has not been settled, it still has the benefit of making cases more straightforward and cost effective should the Court’s process be required later.

The Benefits of Mediation

Mediation is much more informal than going to Court. The mediator will listen to the parties and remain impartial whilst keeping the parties calm. A mediator is usually a very experienced ex or practicing lawyer / Judge.  Mediation is not always applicable, but where it is, it usually speeds up the resolution, is confidential and cost effective. Mediation can take place at any time, even during the Court process. If the dispute regards a contract, then sometimes it may be compulsory for the parties to use mediation to attempt to settle their differences. 

Birmingham Mediation Advice Litigation

Should you require any assistance in the mediation process or further information then please do not hesitate to contact the litigation department at RLK Solicitors. 

By Chris Guy, Solicitor

Chris Guy is a Solicitor at Rubric Lois King, a firm of solicitors based in Birmingham’s Calthorpe Estate. The firm’s litigation team specialises in civil & commercial litigation and dispute resolution. For further information regarding litigation services or funding agreements, call 0121 450 7800 or send an email to: enquiries@rlksolicitors.com.

** This article does not present a complete or comprehensive statement of the law, nor does it constitute legal advice. It is intended only to provide information on issues that may be of interest. Specialist legal advice should always be sought in any particular case. **