Rawlins Davy (est. 1835) Solicitors & Mediators for Business and Private Clients.
What is Mediation?
Mediation is a means of encouraging parties to a dispute to sit down together with a mediator who does not make a judgement or decision on the merits of the party’s cases, but is trained to encourage them to negotiate and talk to each other.
The objective of mediation is to try to help the parties involved reach a negotiated settlement rather than pursuing a dispute to court. It is confidential; anything you say at the mediation is never disclosed in the court proceeding if the mediation doesn’t work and the claim continues.
Think of litigation/court claims as a train track. It’s got a set procedure, you have to go down it in a set way and there are rules that determine how you can act. When you enter mediation it is like going into a siding, you just pull off and you can say anything, do anything and you can bring in points which aren’t necessarily directly points in the litigation to try and encourage a settlement.
You can mediate at any anytime, but the earlier the better as you have a better chance of success. Not least, because if you mediate late you will have already spent so much on court fees.
This type of negotiation is not yet compulsory, but it is more common as there are severe cost sanctions for those party’s that refuse to mediate.
When we mediate, we are off the court ‘track’ in a siding and negotiating. Acting for a client at mediation is a different skill to acting for a client in a court claim.
One of the things that we do, and are doing increasingly, is acting for somebody in mediation when we are not acting for them in the claim. We are instructed as a specialist advocate because of our experience and skills in this area.
Other solicitors can, and do, instruct us as an advocate of this service to utilise our experience and skills in this area in assisting their clients to reach a settlement out of court.
What Our Clients Say About Our Services
Rawlins Davy have helped us with a number of business legal services - they are professional, friendly and extremely helpful. Would certainly recommend them.