Mediation
Our mediation barristers resolve disagreements and disputes without you having to go through a long and expensive court case. Mediation also offers the opportunity for more creative outcomes to a dispute.
Mediation is a flexible confidential process where a trained neutral person actively assists you, the parties, to work towards a negotiated agreement of a dispute or difference. The parties control the decision to settle and what the terms will be.
Advantages of mediation
Mediation has significant advantages over taking a case to court or tribunal:
- Effective – Research by the Government and the Centre for Effective Dispute Resolution[ CEDR: Sixth Mediation Audit – 22 May 2014 www.cedr.com], shows that mediation is effective in over 70% of cases.
- Fast – most mediations are arranged within a few weeks, and can be arranged even more quickly. You could reach agreement months earlier than you could have a case heard in court.
- Cost effective – compared with court, tribunal or arbitration, mediation is a less expensive route to resolving disputes.
- Confidential – your dispute remains private.
- You can mediate whilst continuing an existing court/tribunal case or you can put these on hold whilst you mediate.
- Informal and flexible – the process can suit your needs.
- Mediation is without prejudice and non-binding – if you’re not able to reach a settlement, this won’t affect your right to go to court/tribunal, and nothing that was discussed can be used in evidence.
How can a mediator help?
Mediators are neutral – they do not judge or decide. The mediators at Five Paper are trained to help parties to:
- Understand the options, risks, costs and consequences.
- Listen to one another and negotiate effectively.
- Find creative,practical solutions
- Assess the strengths and weaknesses of their case.
- Understand the choices open to them if they don’t reach agreement.
Mediation Room Hire
Our mediation suite is available for hire, please click here for more information.
What sort of disputes can we help with?
Workplace and employment law issues:
- All types of grievances and disputes including: disagreements within a team or between individuals and managers, reasonable adjustments and other discrimination issues, performance and attendance issues, conflicts during change management, restructuring and redundancy, and flexible working requests.
Civil law issues:
- Property disputes, including landlord and tenant cases.
- Disputes between neighbours.
- Probate disputes.
- Consumer and sale of goods disputes between a customer and retailer.
- Professional negligence.
Family law issues:
- All issues that arise when you are going through divorce or separation (whether married or co-habiting), such as: financial provision, maintenance and contact/residence issues, Trustee of Land and Appointment of Trustees Act (TOLATA) claims.
- Other family issues, such as disputes over care for elderly relatives and intergenerational disputes. This includes Court of Protection issues.
- We can conduct the Mediation Information and Assessment Meetings (MIAMs), which are now a legal requirement before starting most family cases.
- We have particular expertise in mediating with same-sex couples.