Mediation of Disputes / Alternative Dispute Resolution
At TM Law, we understand that clients may want their “day in court” where the facts of the case will be laid out, judgement will be made, and they will hopefully be awarded what is due to them. If that is their wish, then we are always happy to oblige as it’s something we enjoy doing and we are also particularly good at. However, we do always take a moment to help our clients understand that litigation may not necessarily be the right solution for them, and an alternative route does exist.
What are the alternatives?
Mediation is now very widely used and recommended and at TM Law we have taken part in over 200 mediations now with a success rate of settlement of the dispute at around 90%.
So if you have a legal dispute that you do not want to run on for years and years and you do not want to spend and risk tens of thousands of pounds in legal fees Mediation is something you should discuss with us.
What are its advantages over litigation?
Speed, it can be arranged and take place within weeks rather than years. Cost – the cost is probably a tenth of what it would cost to litigate. Informality- it is done in a relaxed setting with confrontation avoided by the mediator. Certainty- If a settlement is reached then a binding agreement is signed at the mediation and the matter is then settled.
So how does Mediation work?
The parties have to agree to mediation first. Then a mediator has to be agreed that is the person who will actually conduct the mediation. Here at TM Law we have a raft of mediators that are suitable for all kinds of different disputes to suggest to you. Once that has been agreed the mediator is sent some papers and brief statement setting out the parties position.
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The Mediation itself
On a given day at the venue that has been agreed the parties turn up usually their solicitors and each party is allocated their own private room to be in and to discuss matters in private and if necessary stay away from the other party. The mediator has their own room which the parties sometimes meet in right at the start to introduce themselves and then go back to their own rooms. After that the mediator spends their time going from one party to the other trying to assist them in bridging the gap between them and testing each party as to how strong they think their case is.
What doesn’t the mediator do?
The mediators job is not to impose a decision on the parties. Any settlement that is reached is entirely voluntary and if no agreement is reached then nothing said or produced in the mediation can be used in court if the matter goes to court so there is very little risk in trying to resolve a dispute by mediation.
The Mediation itself
Nearly all types of dispute can be the subject of a mediation. Anything from Neighbour or boundary disputes to commercial disputes and personal injury claims are suitable.
What do I need to have in mind if I go to mediation?
The single most important thing to have in mind is to keep an open mind as to what any settlement may be. If you go to a mediation with a pre-conceived idea as to what you want and wont budge from that it makes any proposed settlement more unlikely.
Of course, it is important to remember that litigation and mediation aim to achieve somewhat different outcomes. Litigation may ultimately prove you right, and get you what you deserve, but you can pay a heavy price in terms of time, stress, and money to achieve it. Mediation, on the other hand, aims to resolve a dispute, but you may have to compromise, and accept an outcome which is not necessarily ideal, but is something you can live with, and allows you to quickly move on.
Could not recommend TM Law enough! Terry and his team were incredibly helpful! The whole team took a lot of time helping me whilst over the phone and in person as i was a bit clueless haha! 5 star service! Thank you all so much!
- Service(s): General
Great litigation service provided, would highly recommend to all!
- Service(s): General, Landlord Tennant
Could not recommend TM Law enough! Terry and his team were incredibly helpful! The whole team took a lot of time helping me whilst over the phone and in person as i was a bit clueless haha! 5 star service! Thank you all so much!
- Service(s): General
Mr Maylin is absolutely fantastic, he knows what he is talking about as he is a specialist .I had a situation with a company that was using “sharpe sales tactics” firstly he managed to calm me down and gave me the correct advise on how to handle the company. I’m extremely glad I didn’t pay the company demanding money from me.
In the event you have an issue like mine then speak to Terry as he will know the solution. I wouldn’t hesitate to recommend this firm in the future.
- Service(s): General, Debt Recovery
I used Terry Maylin to help with a large disability discrimination and unfair dismissal case for a family member, and thanks to his professionalism and attention to detail we won the case. I would highly recommend Terry and his company TM Law for any legal matters.
- Service(s): General, Employment Law
Excellent experience with Terry at TM Law. Got straight to the job and very quickly when i was struggling to find someone for a letter for the DVSA. Even when i was asked to change someone Terry, again, done this for me straight away without hesitation. I will continue to use Terry and TM Law for anything i may need in the future. Thank you again from us all at The Bike Shed Motorcycles Colchester. We look forward to seeing you with your bike 🙂
- Service(s): General
Excellent service from Aidan Squire at TM-Law preparing a shareholders agreement and contract of employment for my Co. Recommend highly based on my interactions.
- Service(s): General
I had an amazing experience with Mr terry maylin , He helped me with some of my academic documents, I had hard time in finding a person to get this done, he helped me straight away, i definitely find him trustworthy, warm and helpful person. Thank you very for your kindness.
- Service(s): General
Thoroughly recommend their services
- Service(s): General
Terry is a very knowledgeable professional, and recently provided me with invaluable information regarding claiming for a car accident personal injury claim – would highly recommend
- Service(s): General, Debt Recovery
View a selection of our Mediation of disputes Case Studies
