Who likes a dispute? They are frequent in all walks of life. It is the reality of business, professional and personal lives that disputes occur in a broad range of valuable and/or important commercial matters, in workplace conflicts, between landlords and tenants, family members administering a deceased’s estate and with feuding neighbours.
In a world where disputes can quickly escalate into drawn-out legal battles, the appetite to fight it out in court can start to wane when you are met with escalating costs, the emotional toll, the time commitment and facing an uncertain outcome. Litigation can be damaging, expensive and exhausting. So, what is the alternative?
By taking a different route, court can be avoided and hostile parties can still achieve a legally binding resolution whilst possibly preserving what is left of a relationship, providing a better basis to improve a relationship, and /or leading to a resolution in a more private, discrete forum than open court.
Mediation, as a voluntary and confidential process, deploys the skilled services of a neutral third party, a mediator, who attempts to facilitate negotiation by the parties of an agreed settlement. It provides a forum for parties to have conversations, address difficult issues and try to work through differences. It can also help restore, enhance and rebuild relationships. Parties retain control over the outcome rather than leaving it to a judge or other third party and agree on remedies and solutions that courts cannot necessarily provide.
One of the key advantages of mediation is its cost-effectiveness. Court proceedings can be expensive and time-consuming whereas mediation is typically quicker and significantly less costly. Offering confidentiality, this can be particularly valuable in sensitive family matters or commercial disputes where privacy is essential.
Whilst invaluable as an option and highly suitable for many disputes, mediation cannot be a truly mandated process or be suitable in every contentious setting. It requires the commitment of both parties to engage positively.
Courts provide a definitive legal ruling when agreement is not possible, but mediation can offer a more constructive, efficient and people-focused way to resolve disputes. For many, mediation represents not just an alternative to court, but a better first step.
Carolyn Morgan is a Partner at Weightmans, based in the Glasgow office. She has 25 years’ experience in dealing with commercial and civil disputes, advising and representing clients in court. She is also a qualified mediator, who can be instructed to act as an independent mediator in relation to a broad range of disputes. She also routinely represents clients at mediations, presenting their cases to protect their interests and secure settlements. If you think that mediation would be something you would like to explore, please get in touch.
