Civil Mediation

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The mediation process can be utilised to reach a swift, cost-effective resolution to a dispute without having to go to court. A skilled mediator can assist in reaching an amicable, confidential resolution far quicker than other means. The use of a barrister as an independent third party to assist the parties in negotiating a settlement can enable a binding agreement to be reached whilst also maintaining the relationship between the parties. Mediation can take place before court proceedings have begun or indeed afterwards.

Becket Chambers offers barristers who are able to mediate civil and commercial disputes of all types and sizes. The mediation can either take place at a location selected by the parties or alternatively we are able to provide the required facilities including private rooms.

Our mediators are able to deal with all types of civil or commercial matters, including contract disputes, wills and probate matters, property and housing disputes, neighbour and boundary issues, personal injury, professional negligence and business/company disputes, amongst others.

The mediation process is private and has a very high success rate. Moreover a settlement reached via agreement is more likely to be adhered to than one imposed by the court, moreover the resolution can be reached far sooner. If a resolution cannot be reached and court proceedings follow later, the issues are likely to have been narrowed and the confidential nature of mediation means the Judge cannot be informed of what was discussed in mediation. Mediation rarely takes longer than one day and often less than that, depending on the nature of the dispute.


Civil Mediation Articles

Preparing for A Mediation Appointment

Preparing for A Mediation Appointment As time progresses mediation is being utilised more and more as a result of the significant benefits it provides to parties, including the ability to resolve disputes more quickly and less expensively than court proceedings. Tactics and advocacy utilised during mediation appointments vary greatly between representatives and indeed different disputes Continue reading

Mediation – a way forward?

Why, you may be wondering, would a barrister with 28 years’ experience of civil litigation and the adversarial process want to talk about mediation? Surely the whole purpose of barristers, and indeed lawyers, is to let people have their day in court and to demolish the “other side”? The fact of the matter is that Continue reading

Failing to mediate- the consequences

The case of Gore v Naheed [2017] EWCA 369 was recently decided in the Court of Appeal and considered the issue of costs when one party has failed to mediate. The facts of the case centred around a right-of-way dispute with the Claimant seeking an injunction against the neighbouring Defendant. In the first instance, the Continue reading

When Is ADR Not An Alternative?

Whilst addressing the Chartered Institute of Arbitrators at its recent mediation symposium, Lord Justice Briggs set out his recommendations for the future of the civil dispute resolution process. Briggs proposed a three-stage process whereby cases would first be referred to an automated ‘triage’ where the merits of the case would be considered, followed by arbitration Continue reading