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MEDIATION

YOUR EVERYS EXPERTS

Is Court the only option? No, there is an alternative available for the parties to use, and that is mediation.

What is mediation?

Mediation is a useful tool for those in the litigation process. It can be used to avoid court proceedings and, after proceedings are issued, mediation is still available as an option to avoid the final trial of the matter.

Not all mediations will settle the dispute but, even so, they are always useful as they help with either understanding both cases or the reason why the opponent is taking the stance they are.

When should you mediate?

Each case needs to be considered on its own facts. In some cases, it may be sensible to mediate before you issue court proceedings. In other situations, it may be that court proceedings have to be issued and you need to understand the other side’s legal position before agreeing to mediate. It may be necessary to wait for the opponent to provide relevant documentation before you are able to consider when you should mediate. Everys will provide you with advice so you can make an informed decision as to when is best to mediate your dispute.

Consequences of failing to mediate

The court has a proactive attitude towards mediation and, therefore, if the parties refuse to mediate the court has the power to make an adverse costs order.

Everys is pleased to have Accredited Civil Mediator, Kathy Trist, as part of our legal team. If you wish to discuss mediation, or appoint Kathy as the Mediator in your dispute, please contact her via email on kathy.trist@everys.co.uk or on 01392 477983; alternatively, you can call free on 0800 8840 640.

 

 

Kathy Trist

Associate

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Frances Blackmore

Secretary

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