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Why Mediate?
Two-thirds of disputes settle on the day
or soon afterwards. The
process has advantages that are not available through
direct negotiations between the parties and offers better prospects of settlement. It is
inexpensive. Not only do mediations generally last for no more
than one day, but they can be arranged at very short notice and
preparation time is far less than that for a trial. Mediations
can take place at any time during a dispute, before or after
significant legal costs have been incurred. There are very few
disputes, which are not suitable for mediation.
The process is also attractive where the parties are in an
ongoing relationship, offering them the possibility of a speedy
resolution of a dispute and one tailored to future commercial
requirements. Mediation also has clear advantages over court
proceedings or arbitration, including cost, speed,
accessibility, together with the possibility of commercial
solutions not available by court order or arbitral award, and,
above all, allows an outcome created by the parties rather than
one being
imposed judicially.
It is becoming increasingly important for all civil litigators
to consider early alternative dispute resolution procedures with
their clients and this is particularly so in areas of specialist
law, such as intellectual property and media. The evolving body
of case law on mediation emphasises the potential adverse costs
consequences of ignoring alternative dispute resolution.
“All members of the legal profession who conduct litigation
should now routinely consider with their clients whether their
disputes are suitable for ADR” (Halsey v Milton Keynes General
NHS Trust and Steel v Joy & Halliday, [2004] EWCA (Civ) 576);
[2004] 4 All Er 920, CA.
Anyone wishing to apply for membership should contact the
Group’s secretary, Michael Silverleaf QC at 11 South Square,
Gray’s Inn, London, WC1R 5EY, telephone number 020 7405 1222. |
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