Robert Rhodes QC says the process of mediation can be successful and a satisfying solution can be reached by parties if they appoint a skilled mediator and are able to “live with a negotiated settlement”.
Speaking to website MyBarrister, he explains the advantages of using mediation in order to resolve disputes.
Rhodes advises that the key aspects to be considered in a mediated dispute are cost and speed, practicality and confidentiality. The latter is important, especially if the parties do not want to have their commercial disputes viewed by competitors, as it could be the case in litigation, which is open to the public.
Mediation is usually able to settle a dispute in around two days, at low cost, whereas the litigation process lasts and costs significantly more. When using mediation, “You will be able to get on with growing your business rather than having the distraction of litigation”, says Rhodes.
In terms of practicality, mediation carries far fewer risks than litigation, with no unpredictable costs, no appeal, no judgment enforcing process, no delays.
As an additional advantage, Rhodes indicates that the relationship with the opponent is an important consideration. Therefore, “If you wish to continue that relationship, […] it will be much easier to do so if you mediate your dispute rather than have lawyers on either side calling the other party liars.”
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