Stress, exhaustion and sheer frustration are the common emotions you will experience if you get caught up in a dispute. Your business partner, a family member, work colleague, friend or boundary dispute may be the cause of the conflict. If you are unable to find a solution, you may believe the only viable option is to go through court. It is fortunately possible to resolve disputes outside of the courtroom through mediation. This blog will discuss the advantages of mediation over court proceedings, along with exploring its relevance within the UK legal system.
What is Mediation?
Mediation involves solving conflicts efficiently and confidentially. All the parties (usually two) participate with the aid of an impartially trained mediator who does not take sides but rather assists each party to talk and listen to every detail that helps towards concluding their dispute together. The mediator plays no role in making decisions; therefore every party maintains complete control during the entire process while still choosing what the outcome should be.
Why Choose Mediation Over Court?
1. Mediation Saves You Money
Court and solicitors costs will rack up very quickly. The court fee to lodge your claim will depend upon the amount you are wishing to claim from the defendant. For a claim of up to £10,000 there is an incremental increase in the fee you will have to pay.
Anything over £10,000 but not over £200,000 is 5% of the value of the claim. Therefore if you were issuing a £75,000 claim, the court fee alone to do so would be £3750. Taking this slightly further to illustrate the point, the average UK salary is around £36,834. Therefore £3750 would be more than a lot of people’s monthly salary. Anything over a £200,000 claim attracts an issuing fee of £10,000.
If you then need a solicitor and or barrister you are easily looking at £300+ per hour. Expert witnesses, court hearing fees will just add to your expense. However if you compare this to mediation. You would only pay once for the time the mediator spends on your mediations. Typically the cost to mediate a £75,000 claim would vary between £750 – £2500 inclusive or exclusive of VAT. Which ends up being a fraction of what you would have to spend otherwise.
2. Mediation is Faster
Your life essentially comes to a standstill when you start court action. Case management conferences, hearing dates scheduled months apart. Adjournments, several solicitor and barrister appointments. With mediation, most people are able to resolve their disputes in four to eight hours.
3. Mediation is Private and Confidential
Unlike courts, where everything you say can become part of the public record (and accessible by literally anyone). Private conversations during any mediation, stays within the confinements of the process where only the participants are privy to what was said or done, including the parties involved and the mediator, which allows individuals to speak freely without restraint.
4. Mediation is Less Stressful
The nature of court cases involves rigid systems, waiting for long periods, and enduring a considerable amount of stress, worry and sleepless nights. Increased anxiety and in some instances depression. In contrast, mediations take place in informal and comfortable settings that are relaxed and convenient for the parties involved. Within this framework, the mediator acts to facilitate the session by ensuring everyone has an equal opportunity to speak during the session. This dramatically reduces stress and provides certainty within a day.
5. Mediation Gives You Control
Judges make decisions in court that will only favour one of the parties. Not only will the losing party lose, they will have to pay their legal costs, as well as, at least 70% of the winning party’s legal costs. Mediations allow both parties to come together and negotiate a solution to their dispute. Every step forward requires mutual consensus / agreement, meaning no party can be forced into accepting anything they do not agree with. Having control over every aspect of mediation serves as one of the primary advantages when weighed against going through the court process.
6. Mediation Preserves Relationships
Loved ones who engage in courtroom battles often leave feeling miserable, which threatens their relationship significantly. Mediation encourages collaboration towards constructively dealing with issues, which strengthens relationships as opposed to threatening them, exacerbating anger or emotional hurt. Mediators actively aid in listening, understanding, and moving toward consensus. Many people walk away mending gaps, voicing their desire to enable better communications post mediation, strengthening relationships instead of leaving feeling devastated after.
7. Mediation Leads to Better, Lasting Solutions
Adherence to a solution you helped devise is easier compared to one imposed on you. Mediation agreements tend to endure more because both parties participated in the process and received genuine acknowledgement. Instead of blindly obeying a court order, you are executing your own strategy on your own terms.
8. Mediation is Flexible
The outcomes attached to court cases come with many restrictions; this does not apply to mediation, which is much more fluid and accommodating. The case’s scope does not limit the matters that are most important to you. Would you like to prevent future disputes or address potential risk factors? In mediation, all plans become a reality.
Key Benefits of Using Mediation Instead of Court
Let us list the primary benefits stemming from choosing mediation instead of going to court:
- Reduced expenses: Save legal fees alongside court costs.
- Increased speed: Resolve disputes rapidly, even within a single day.
- Confidentiality: Maintain privacy regarding personal information.
- Less pressure: The rigidity associated with courtroom proceedings will be absent.
- Autonomy increase: No judges means no rulings; the control shifts entirely into your hands.
- Emphasis on relations: Preservation of positive relationships becomes possible through mediation.
- Enhanced compliance: There is improved adherence when parties actively participate in crafting their own agreements.
- Increased flexibility: Approaches adopted can be tailored creatively according to protocols specific to each situation.
Pros and Cons of Mediation vs Court
No process is perfect. Here’s a quick look at the pros and cons of mediation vs court:
Aspect | Mediation | Court |
Cost | Cheaper | Expensive legal fees |
Speed | Faster | Long delays |
Privacy | Private | Public record |
Flexibility | Flexible | Rigid rules |
Stress Level | Less stressful | Intimidating |
Relationship Impact | Relationship-focused | Can damage relationships |
Control Over Outcome | You control the outcome | Judge decides |
Satisfaction | Higher satisfaction | One side may feel like a loser |
Agreement Guarantee | No guaranteed agreement | Final, enforceable decision |
Voluntariness | Voluntary, both must agree | Can force a solution |
Legal Authority | Not always legally binding | Legal authority |
Most people find the benefits of mediation outweigh the drawbacks, especially when compared to the stress and cost of court.
Why Mediation is the Best Alternative to Court in the UK
Mediations are becoming more popular every year in the UK. Courts often recommend that parties attempt mediation before initiating a claim – why? Because it works! And is part of the pre action protocol. It is more cost-effective, practical solutions can be found without resorting to litigation, and it helps keep courts available for the cases that need to be decided by a judge. Mediators UK are highly specialised professionals trained as problem solvers who help people find workable solutions even in difficult situations.
Strategies for Optimizing Your Mediation Experience
- Be receptive: Differences should not shield you from hearing the other party out.
- Remain composed: Relax; the mediator is bringing assistance, not hindering it.
- Define objectives and concentrate on problem-solving: Consider your aims.
- Clarification: If something is unclear,” ask until it becomes clear.
- Integrity gap: Ensure that all relevant concerns and needs are voiced freely without distortion.
Will Mediation Work for You?
In most cases, if one aims to cut down on time, cash, and strain, mediation should be attempted first. It is beneficial to resolve disputes in business, work or family relations as well as with boundary mediations and others. Choosing mediation instead of court serves those who wish to preserve a relationship or maintain privacy around the issue by avoiding public scrutiny and attention.
Conclusion
Considering the pros of mediation compared to court litigation, the choice becomes self-evident. Mediation helps control expenditure, saves time, and reduces stress. It upholds privacy and supports finding genuine solutions while keeping relationships intact.
Furthermore, if mediation fails, one can always revert to litigation as a last option.
In case of new disputes arising in future scenarios, don’t forget that it is not mandatory to litigate over them. There exists a better way forward; innovative ones such as mediation.
To resolve your disputes quickly, effectively, reasonably price-wise and fairness-wise, reach out to Effective Dispute Solutions today for information on our mediated channel to regain peace of mind.
Should you want more information concerning our mediators UK or book your mediation session do head on over directly to our website so we may promptly assist you in resolving your dispute without the theatrics courtroom would entail.
