Why consider mediation? Well, disputes will of course occur, and sometimes starting litigation is a serious option. However the court process is not only time consuming, but very expensive, and you may not get the result you wanted either. Lose and you could end up paying the majority of the other sides legal costs too, plus your own. It follows going to court is a high risk strategy.
A very realistic alternative is to enter mediation and see whether an agreement can be reached between both parties. That’s where the role of the mediator comes in. Mark Fitch is a practising lawyer with Hatch Brenner here in Norwich, with over 15 years experience acting as a mediator. In his fascinating podcast, Mark explains how the mediation process works, the pros and cons, and what to expect on the day itself.
For instance, did you know that both parties don’t actually have to meet face to face? Parties are encouraged to have their lawyers present. The idea is to keep talking and see what compromise can be reached, even if it takes all day.
Mark shares his experiences, and it’s all good practical straightforward advice. Mediation deserves to be considered very carefully.