In the United Kingdom mediation has established itself as a key development in the field of dispute resolution over the past twenty years. What was once considered a milder option to formal legal proceedings is now viewed by most as a credible and practical means of settling differences, and in many respects a better one. Whether for an individual, a business, a property owner or an employer, it provides a path that is quicker and more flexible than engaging a solicitor and going to court, without the attendant damage.
One can put the popularity of mediation down in part to a weariness with the expense and protracted nature of the courts. To begin with, litigation is costly; between the fees of barristers and solicitors and the court costs themselves, even a simple matter can seem onerous. Then there is the uncertainty of a case that may drag on for months or years with no surety of a favourable result. It is little wonder many have turned to mediation as a way around this.
The UK’s own legal system has been another factor. There is a concerted effort to see disputes settled before they come to a final hearing, not only to ease the strain on judicial resources but because judges are aware that not every case requires a victor and a vanquished. Often what is needed is a sensible arrangement, be it an apology, a payment plan or some other workable solution. Mediation is well suited to this, allowing parties to address the substance of the issue rather than merely the legalities.
It is also a matter of flexibility. Unlike the formality and public nature of litigation, mediation is confidential and tailored to those involved. It can be put in place much sooner and in a less combative fashion. This is significant since a dispute is seldom purely a legal problem; there are usually commercial pressures, pride or miscommunication at play which a court order does not remedy. A good mediator knows how to handle these human elements and bring the sides together.
“There is value too in preserving relationships, something that is vital in family or workplace matters, or with commercial partners,” says Harvinder Singh Bhurji a CEDR Accredited Mediator. His company Effective Dispute Solutions, their service for mediation is renowned having mediated over 6000 disputes over the past twenty four years.
Once litigation is underway, tempers flare, correspondence becomes hostile and each side readies for battle; by the time a settlement is made, the relationship is often finished. Mediation fosters an environment of dialogue and problem-solving instead.
Solicitors still have their place, of course, to advise on rights or the precise wording of an agreement. But there is a world of difference between being advised and having a matter rushed into the courts. A mediator does not take sides or fight a case but steers the process to a conclusion. The results can be far more realistic and inventive than what a judge, bound by statute, could impose.
On a psychological level, mediation is less of an ordeal than the hostility and intimidation of a courtroom. It puts control back in the hands of the parties. An agreement reached in such a manner tends to hold up better when the people concerned have had a hand in making it. Ultimately, the trend towards mediation in the UK shows a shift in attitude: conflict is increasingly seen as a problem to be solved with intelligence rather than a contest to be won. For speed, privacy and the chance to retain one’s dignity, it is the wiser place to begin.
