What is mediation?

There is currently an array of processes on offer to resolve disputes, from informally facilitated discussions through to binding arbitration with one of the most successful processes, mediation, on the cusp of becoming the expected method for dispute resolution.

On 8th May 2008 the Master of the Rolls gave a speech in which he called for mediation to become an integral part of the UK’s litigation culture, going so far as to support the notion of compulsory mediation in certain cases. Furthermore, the latest European Union Directive on mediation, adopted on 21st May 2008, and highlighted by the Ministry of Justice of England & Wales in the August 2008 edition of “Out of Court”, states that judges in member states, at any stage in the proceedings, can refer parties to mediation.

Disputes are commonplace in business, and the commercial sectors, with all their associated business links, will remain fertile ground for disputes and disagreements which quickly develop, and are often accelerated and magnified far beyond the original issue or tipping-point. Typically they arise from a lack of clear or even incompatible contracts and unrealistic performance criteria as well as outside forces.

In today’s up-to-the-minute financial climate, the timing for offering this type of service arguably couldn’t be better given the state of the current credit crisis; risky financial margins; complexity of programmes; personnel issues; and multi-party differences set against the backdrop of the distinct prospect of economic conditions predicted to get even worse.

But why wait for the court to direct to ADR, which would come after considerable costs have been incurred and many months after the initial dispute became apparent? ADR at an early stage can provide resolutions that are timely; inexpensive; speedy; effective; rewarding; and creative. Those who settle early and on good terms are invariably more satisfied with the outcome and find that future business relationships can be maintained and often enhanced.

Consequently, at Exchange Chambers we believe the timing is right to offer a comprehensive dispute resolution service and on 22nd July 2008 we launched Exchange ADR, a bespoke service for alternative dispute resolution. Please click on the relevant button below to see a summary of our services and costs, together with detailed CV’s and profiles of our barrister dispute resolvers.

If you would like us to visit your premises and present a short seminar to your staff on the benefits of ADR please contact our Practice Manager, Roy Finney, to arrange a suitable date and time. We look forward to hearing from you.