Mediation in the UK - Is this the Way Forward?
In the UK, mediation has been used to find solutions predominantly, to commercial disputes, however, more and more, courts have become proactive in encouraging parties to mediate. Over the last 19 months because of the Pandemic, the courts have experienced serious backlogs. This impacts not only the legal profession, but also has a detrimental effect on the claimant and defendant who wait while court hearings are re-listed.
In February 2021, a new mediation pilot was introduced as part of the court process for housing possession cases by the Ministry of Housing.
The mediation pilot was free to use for landlords and tenants involved in a housing possession court case and the objective was to resolve cases without the need for a face to face court hearing.
The service was to form part of the government’s work with the judiciary on new court arrangements to support all parties in response to the coronavirus (COVID-19). Details of the other arrangements are available in COVID-19 and renting guidance for landlords, tenants and local authorities. Whilst the pilot has now ended, the mediation process offered illustrated just how important finding an alternative to the court route has actually become.
The Benefits of Mediation
It is a fact that Mediation can be less stressful and costly than going to a full hearing, where additional fees and expenses will apply.
The process is also proven to be much quicker than a full court hearing. The session is confidential, and the mediator’s aim is to find a solution that is mutually beneficial to both parties. During the appointment the mediator will :
· explain how the session will work
· will treat both parties with equal confidentiality
· speak to each party separately
· be neutral and help each party explore options to try and reach agreement
Why is Mediation so Successful?
The objective for both parties is to find a happy medium and the proposed solution that they can both be happy with.
Whilst a judge or arbitrator must find facts and apply the law to them in the context of the issues raised before them, the mediator has a much wider range of tools available. The mediator is not issuing any binding decision but is facilitating a process by which the parties can reach a commercial solution to their dispute. The parties can take a different approach which can lead to collaboration and inventive problem solving.
The success rates for mediation are high – generally in the region of 80% settle on the day of the mediation and a further 10%+ settlement shortly after the day of the mediation. Different mediators may have different styles – some more evaluative of the parties' cases; some more facilitative – as well as having different experiences to bring to the mediation.