Know all about mediation?
I heard Lady Justice Asplin speak at a meeting a few weeks ago. Many of the points that she raised really resonated with me. Mediation is not peripheral, it is a mainstream tool, it’s a legitimate tool which is not inferior to going to court. It’s just a different way to sort out the parties’ problems.
The Government has just announced plans to introduce compulsory mediation for claims in the civil courts of less than £10,000. This is subject to consultation. However, given this change it is quite surprizing that from discussions I have had with legal professionals, it is still not clear to all what mediation is about and how this can benefit the parties.
In a nutshell, mediation is cheaper, quicker and an imaginative way to resolve disputes between parties that could take years to get to court, cost (often) tens and hundreds of thousands of pounds to fight, with the end result of one party being told by the judge they were ‘right’. Any subject and dispute can be mediated and of any value. It’s a revolution which early adopters will gain the most benefit from and in the words of Lady Justice Asplin, “we all need to get going”.
Elizabeth Nicholls is a barrister, mediator and arbitrator at 4-5 Gray’s Inn Square.
For information and assistance on mediation, please contact Mr David Penson at 4-5 Gray’s Inn Square – [email protected]