Mediation has been effectively used in family law for some years, but its use is now spreading to other areas of legal dispute. Recently, pre-issue mediation has become increasingly popular as an effective means of attempting to address cases in areas including property and commercial law.
There are several key reasons driving this change:
-
Saving the court issue fee
Court issue fees now cost 5% of the value of the claim – with a maximum of £10,000. This means that with a claim of £200,000 the issue fee will be £10,000 – a substantial sum of money. If parties have been through mediation the court issue fee is waived. This provides a real financial incentive to mediate before issuing.
-
Preserving goodwill by Mediation
Choosing to pursue mediation instead of issuing court papers can go a long way towards preserving goodwill. This in turn may mean that dispute resolution at mediation is more likely to be achieved, as both parties appear to be attempting to work together and avoid costly and time consuming court cases.
-
Paying attention to the Pre Action Protocol
The Pre Action Protocol requires the parties to confirm that they have explored alternative dispute resolution. In an attempt to keep matters out of court, the parties must have tried other possibilities to resolve their issues. Court must be the last option available. Choosing pre-issue mediation demonstrates that the parties have indeed tried other options to come to an agreement. In many cases the mediation will be able to resolve the case. In other cases parties can be confident that they have tried all other options and court really is the only option left.
Mediation isn’t just about ticking a box on the way to court. It can be a highly effective way of resolving a variety of disputes including residential and commercial property disputes and other business issues. It is in all parties’ interest to avoid a lengthy and expensive court battle where there can only be one ‘winner’. Choosing pre-issue mediation can provide the best chance of coming to a solution that can work for everyone.
As an experienced and innovative Mediator, accredited in Business Mediation for Commercial and Residential Property, Construction, Business and Commerce, Retail, Restaurant, Healthcare, Franchising, and financial related disputes I can help. With over 33 years’ experience as a property solicitor I am fully versed in the legal framework of property and business disputes, and passionate that mediation provides a fresh approach, with a 75% success rate.
To find out more about my mediation services please call 07776 141 717, email roger@rogerlevittmediation.co.uk or check out my website at www.rogerlevittmediation.co.uk.
