Mediation Is The New Black

The UK government has announced the closure of over 150 courts to save some £15million per year in upkeep. But as more companies face the prospect of disputes, what alternative do they have to taking legal action?

The answer is mediation.

But before you compare the process to that of a marriage counsellor, think again.

Ireland recently estimated that they could save €200million of public money on legal costs by employing mediation instead of litigation.

Ken Clarke the Coalitions Justice Secretary has said that ADR has a role to play in the future of the justice system. 

Lord Woolf, the man credited with the last major reboot of the civil justice system, culminating in the Civil Procedure Rules 1998 was recently quoted as saying “The availability and use of mediation is always important, but the present financial situation has made its use, whenever possible, essential. No-one can afford to ignore the benefits it offers”.

So, is Mediation the new black? Is it the time that Mediation will step-up to the plate and become a staple addition to the ADR menu? I firmly believe that there has never been a better time for Mediation to shine. 

I have always advocated that prevention or indeed mitigation is better than cure when it comes to disputes. Proactive advice is considerably more cost effective than reactive measures. 

However, people are people and disputes do occur.  Its part of a healthy society, that genuine differences of opinion are aired and resolved, its how we learn.

Mediation allows people who have a willingness to compromise to reach amicable solutions. Often these are not wholly money oriented, for example often an apology is sought. The critical aspect however is that the parties are in control of the dispute. 

Relationships can be strengthened through the process as parties learn more of what motivates the other side.

Mediation is here to stay and rightly so. You only have to look at the benefits to know this.

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