Mediation is a voluntary, confidential and cost effective form of Alternative Dispute Resolution (ADR) used to resolve disputes between two or more parties.
The process aims to resolve disputes without the need for a Courts involvement, allowing the parties to remain in control and to address issues often outside the narrow scope of litigation. Mediation focuses on the underlying reasons for the dispute as well as the facts of the dispute itself.
KCH Garden Square has a panel of mediators, all of whom are experienced advocates in the civil and family courts. Each mediator has detailed knowledge of the pitfalls and problems of litigation, as well as the potential benefits.
By using combining mediation skills, legal experience and expertise, our mediators provided an excellent service to help the resolution of your dispute.
How does mediation work?
Firstly an impartial and independent mediator is appointed at the agreement of all of the parties involved in the dispute.
A mediator will not tell parties what to do in the mediation process, nor do they give advice. Mediators use various techniques to open, or improve dialogue between the parties involved, aiming to help the parties reach their own agreement on the disputed matter.
Why use mediation?
Mediation is designed to enable parties to reach a resolution which is agreeable to all parties. Everyone involved retains control over the resolution of the dispute and, in the vast majority of cases, mediation results in settlement.
The alternative, litigation, can often be an uncertain, expensive and time consuming process, with parties sometimes ending up frustrated and disappointed. The final decision is down to the Court, where a Judge will hear evidence, apply the law and reach a decision based on the application of strict legal principles. Ultimately, the decision may go against you, or worse still, the Judge may reach a decision that suits neither party.
What are the benefits?
Mediation has a number of predominant advantages:
Speed – Mediation rarely takes longer than one day
Cost – Arranged at the right stage in a dispute, mediation will cost much less than proceeding to a Court hearing
Control – Mediation allows parties to reach their own agreement, rather than letting the Court decide. It also avoids the uncertainty and stressful nature of a Court hearing.
Where does mediation take place?
Generally, mediation will either take place at a solicitors office or at our Nottingham Chambers, which also allows parties to come to us directly for mediation without a solicitor. KCH Garden Square offers mediation facilities at our Nottingham office which we hire for a fixed cost per day, split equally between the parties. Our facilities allow all parties to have their own separate conference rooms and the cost includes refreshments and lunch.
If you would like to discuss more about the mediation process, contact our clerks on 0115 941 8851 and we will be happy to assist.