“Mediation is often the best way to deal with legal disputes. I can help you do this”

Peter Maynard LLB
Solicitor

Peter Maynard LLB

Mediation

If you have a legal dispute you don’t always need to go to Court to sort it out. Mediation can be an excellent alternative, which is generally agreed to work in over 80% of disputes when it is used. Peter Maynard is a trained Mediator who is qualified to help resolve many different types of problem.

What is mediation?

Mediation is an effective way of resolving disputes without needing a court. The independent mediator helps each party to find a solution acceptable to everyone.

What types of dispute can it be used for?

Many different types - here are a few examples:

  • Building disputes. – Your builder has built a defective extension to your house and you believe you are entitled to compensation.
  • Professional negligence – Your solicitor has made an error in your property transaction causing you loss.
  • Landlord/Tenant – You are the leaseholder of a flat and the freeholder is refusing to carry out external works to the property.
  • Land and boundary/right of way – A neighbour has built an extension affecting your right to light, or encroaching on your land.
  • Company/shareholder/partnership -. You are a shareholder of a private company and believe dividend payments are not being made fairly.
  • Contract - A window company has fitted defective windows which they are unwilling to replace.
  • Wills/Probate and Inheritance – You are involved in a family dispute about the distribution of the estate.
  • Employment – You have a compensation claim for unfair dismissal.

Are there any types of dispute mediation cannot be used for?

No, provided all parties agree to try to mediate in good faith. At Davis Gregory we don’t provide mediation ourselves for family disputes or injury claims, but we are happy to arrange mediation in these areas using an external mediator.

Why is mediation better than going to Court or using other means of resolving disputes?

Advantages can include:

  • It is likely to be considerably cheaper, because although both parties share the cost of the mediator,  there are no court fees, and your own lawyers will probably spend much less time on the matter than if they have to prepare for a court trial;
  • The arrangements for the mediation can be informal and flexible, and even by telephone if that is what the parties wish;
  • All negotiations and the settlement are private, unless you agree otherwise, unlike Court hearings which are usually public;
  • You don’t have to meet your opponent if you don’t want to;
  • A settlement can include things that a Court cannot order, for example an apology;
  • The focus is on reaching an agreement acceptable to both parties, rather than on legal issues, evidence, and other technicalities;
  • It is likely to be considerably quicker and less stressful than the Court process;
  • You and the other party are in control of the solution to your dispute, which can be better than giving control to a Judge whose decision you may not like.

Are there any disadvantages?

There is no guarantee that a solution will be reached – although since mediation is successful in over 80% of cases, a solution is very likely. Apart from that, there are some situations in which mediation is not appropriate, such as:

  • If one or more participants are not negotiating in good faith, to try to reach a solution;
  • If one or more participants go into the mediation with a closed mind, ruling out any solution except what they are determined on;
  • If there has been violence between the participants.

How does it work?

Click here for more detailed information about Mediation

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