BANDA ACEH – You will find that mediators are at the heart of the dispute-resolution scene in London. In a capital rife with domestic and indeed international complex conflicts.
Be they commercial, property, employment, family or construction in nature, mediation has become the preferred means of settling legal disputes without the expense and animosity of a full court case.
The city is well provided for in this regard, boasting a deep bench of seasoned professionals – from independent full-time mediators to barristers, ex-judges and solicitor-mediators whose standing is attested to by the likes of Legal 500, Lexology and other expert publications.
Put simply, a mediator is a neutral third party who’s role it is to help broker a settlement between people or organisations. They do not hand down a binding verdict as an arbitrator or judge would; rather they steer the conversation, put assumptions to the test and point out risk so that both (all ) sides can arrive at something workable. It is an appealing proposition in London where a commercially sound answer is usually wanted over a protracted legal fight.
A mediators caseload is varied. You will have your run-of-the-mill commercial and contractual tangles: supply contracts, joint ventures, shareholder claims and the like. Employment issues come up too, from discrimination to exit negotiations. On a more personal level, family mediators sort out the details of separation, children and finances.
Then there is property and housing, which covers everything from a row with a neighbour to co-ownership disputes. Online directories and websites such as the Civil Mediation Council, Effective Dispute Solutions and CEDR also highlight some of the most sought after and experienced mediators who specialise in matters over inheritance, professional negligence and public sector disputes.
Construction is one area where mediation is particularly effective. These disputes are and can be particularly messy, with multiple parties, technical evidence and damaged relationships on top of the usual delays and payment claims. A mediator provides developers, contractors and insurers with a private way to deal with it all in a way that litigation or arbitration would not allow, and industry observers are quick to say the two are well matched.
Cost is perhaps the biggest drawback. Once you start factoring in barrister fees, expert evidence and hearings, a court claim is no longer cheap. Mediation tends to be a much shorter affair, often wrapped up in a single day after some preparation. There is speed to it as well; you do not have to wait months for a trial date while positions harden. And it is confidential, which is important if you want to safeguard your reputation. The flexibility is another plus: a settlement might involve an apology or revised terms of business, things a court cannot order.
