Is Mediation always the last resort before formal legal proceedings?
No, Mediation can be undertaken at any stage of a dispute – the earlier the better! Lincoln based LincsLaw Solicitors encourage anyone who is a party to Mediation to contact us. We do not charge for enquiries and we will try and provide some guidance as to your best course of action.
Will I weaken my case if I agree to Mediation?
No – you have nothing to lose by undertaking Mediation and usually a lot to gain. You are under no obligation to agree to anything you are not happy with. If you are able to agree a settlement of your dispute through Mediation you will have saved yourself Court, Tribunal and legal fees.
Lincoln based LincsLaw Solicitors encourage anyone who is a party to Mediation to contact us. We do not charge for enquiries and we will try and provide some guidance as to your best course of action.
Why is Mediation often a better option than litigation (going to court/tribunal)?
It is quicker (usually arranged in a few weeks and often all over in a day, unlike court cases which can take months to even get to a hearing), cheaper, less formal and less stressful. The parties own the outcome rather than it being imposed upon them by the Court or Tribunal.
Lincoln based LincsLaw Solicitors encourage anyone who is a party to Mediation to contact us. We do not charge for enquiries and we will try and provide some guidance as to your best course of action.
Can I have a lawyer present?
Yes, if you wish, especially if the matter in dispute is complex and you want the reassurance of legal advice. You will be responsible for your own legal costs. However, Mediation (unlike litigation) is not designed around lawyers and judges – it is a process that is centred primarily on the needs and wishes of the parties themselves.
Lincoln based LincsLaw Solicitors encourage anyone who is a party to Mediation to contact us. We do not charge for enquiries and we will try and provide some guidance as to your best course of action.
Does the Mediator meet with the parties beforehand?
Only in exceptional cases. Normally the Mediator will conduct all discussions via telephone (with written conformation if required) prior to the Mediation itself. The first time the parties meet the Mediator will, therefore, be on the day of the Mediation.
Lincoln based LincsLaw Solicitors encourage anyone who is a party to Mediation to contact us. We do not charge for enquiries and we will try and provide some guidance as to your best course of action.
What happens if there is no agreement/settlement?
Depending on the type of case, the success rate for Mediations historically ranges from 65% to 90%. However, if your dispute cannot be settled through Mediation, remember that everything discussed and agreed at a Mediation is confidential and on a “without prejudice” basis and, therefore, cannot be used if there are any later formal (Court or Tribunal) proceedings.
Lincoln based LincsLaw Solicitors encourage anyone who is a party to Mediation to contact us. We do not charge for enquiries and we will try and provide some guidance as to your best course of action.
What are the views of courts and tribunals about Mediation?
Courts and Tribunals, and the Government itself, are increasingly in favour of Mediation. If you want to use Mediation, and the other side refuses, you should inform the relevant Court or Tribunal. If the other side does not have a good reason to refuse to mediate, then even if they go on to win their case, they may not recover all their legal costs.
Lincoln based LincsLaw Solicitors encourage anyone who is a party to Mediation to contact us. We do not charge for enquiries and we will try and provide some guidance as to your best course of action.
What is the status of a Mediation agreement?
It is binding on the parties and a legally enforceable document.
Can LincsLaw Solicitors represent me at a Mediation?
Occasionally we are asked to represent parties at a Mediation. We find our experience as Mediators assists our clients both with the preparation of their Position Statement and at the Mediation hearing itself. We encourage anyone who is a party to Mediation to contact us. We do not charge for enquiries and we will try and provide some guidance as to your best course of action.
If you do require representation, our fees are dependent upon the assistance required. Broadly our advice falls into the following three categories:-
- Fixed Fee Consultation
- Preparation of Position Statement (also called a Statement of Case)
- Representation at the Mediation Hearing