When you find yourself embroiled in a legal dispute, seeking professional advice, and collecting evidence to resolve the dispute can seem overwhelming. If your case is capable of resolve without recourse to litigation, your solicitor will suggest mediation as being the least stressful and most cost-effective way to start proceedings. It is one of the most successful forms of alternative dispute resolution (ADR).
Here at Van Eaton solicitors in Streatham Hill, we have a high level of success resolving a range of cases through mediation. From probate disputes to divorce settlements, we can help guide you through the process and help you settle your case or claim efficiently. Mediation can be a great option for parties who do not wish to take a trip to the courts, but what does it involve?
The Various Stages
Mediation involves two or more parties aiming to settle their dispute with the help of a neutral third party, known as the mediator. The parties can air their differences in a neutral environment , in the hopes of reaching a settlement that they can both agree upon. Take a will dispute, for example. One party may wish to stop a grant of probate being issued if they were left out of a will, the other may be an executor wishing to settle the claim amicably.
Mediation starts with an opening statement, usually one that highlights the desired outcome of the session; mutual respect and a conclusion that satisfies both parties. The mediator will then see each party privately to discover exactly what they wish to achieve from the session. For instance, one party may believe they’re entitled to part of the estate under the Inheritance (Provision for Family and Dependants) Act 1975, whilst the opposing party will wish to prove that they do not require and/or are entitled to financial provision from the estate.
The mediator will then let negotiations begin; both parties will attempt to negotiate a settlement, whilst the mediator provides a neutral voice to help the opposing parties understand each other’s point of view. Following negotiations, most parties will have reached an agreement that saves them from continuing with court proceedings. If an agreement is reached, legal professionals will draft a memorandum that is then signed. If not, the parties will have to seek further legal advice.
Can Mediation Solve My Dispute?
As a popular and effective form of dispute resolution, mediation can help solve a range of claims and cases. If litigation is likely to take place, mediation will be offered as an option as opposed to court proceedings. Construction disputes, divorce settlements and workplace disagreements are commonly solved using mediation.
Here at Van Eaton solicitors, our experienced and qualified civil litigation lawyers have a proven track record of implementing successful mediation sessions. We always offer a short free of charge consultation, before commencing any legal proceedings, helping you to explore all funding options to ensure the best course of action is offered to you.
What Are the Benefits of Alternative Dispute Resolution?
As previously mentioned, mediation is one of the most desirable forms of dispute resolution. It is much more cost-effective than venturing to court, and can even save you time, as some cases can be settled in one day. It is a more private choice than discussing your disputes and issues in a court, and it allows the parties to reach a settled outcome without court intervention.
Whether you’re involved in a dispute with family members, your employer or landlord, any legal issue can be emotionally draining and confusing. Our solicitors here at Van Eaton can help guide you through the process, assisting you every step of the way. To find out more, or to book your free consultation, please give us a call on 07736790321. Alternatively, you can fill out our online form.