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Mediation Move

In a recent watershed moment for the resolution of civil disputes, the Court of Appeal has said that the Courts have power to halt existing Court proceedings and force the parties to engage in mediation to see if the dispute can be settled without a Court decision.

The Courts can exercise this power provided it does not prevent the parties having a Court hearing if mediation does not work and that it is proportionate to have mediation with the aim of settling the dispute, quickly and at reasonable cost. Most disputes are suitable for mediation, including disputes about inheritances, land disputes, business disputes and divorce cases.

Surveys have shown that mediation is successful in 75% of cases. If the mediation succeeds the parties will walk away with a settlement of the dispute. Mediation is quicker, cheaper and more flexible than Court action and the majority of people who take part in mediation find it to be a positive experience.

Given that the power to compel the parties to engage in mediation has now been made clear, parties may be encouraged to engage in mediation at an earlier stage, possibly before Court action starts.

Graham & Rosen has experience of advising parties on many different types of mediations. For more information please contact Peter Duffus or Alex Green.

Peter Duffus Alex Green


Written By: Alex Green

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