The National Mediation Providers Association (NMPA) Members offer a cost effective way for parties to resolve their disputes without going to court. All NMPA members are accredited by the Civil Mediation Council (CMC) and approved by the Ministry of Justice (MoJ).
Even if court proceedings have been started they can be put on hold to enable the parties to find a solution using mediation.
Courts encourage parties to try to resolve their disputes before issuing proceedings, through alternative forms of dispute resolution, including mediation.
Even if a party wins their case in court, the courts have power to prevent them from recovering their costs if that party has unreasonably refused to mediate.
Benefits of Mediation
|✓ Cheaper||Mediation is cost effective. The court fees to take a case to trial, without the cost of instructing a solicitor, for a case valued at between £5,000 and £15,000 are currently £1,120. The mediation fee is currently £600 - £300 per party.|
|✓ Quicker||Resolves disputes more quickly than going to court. Most mediations last for one day only. Mediations can be arranged at short notice - in many cases within 3 weeks and on occasion within 2 days!|
|✓ Less Stressful||Mediation is an informal process so that parties do not have to face the daunting prospect of having to stand in a witness box and give evidence. There are no cold court waiting rooms to sit in and no feeling intimidated by the legal process/system.|
|✓ Confidential||Everything said or discussed at mediation remains confidential. It cannot be repeated outside the mediation, should there be no agreement reached through mediation. This enables the parties to have the freedom to explore all possibilities and speak openly with the mediator without worrying that they will prejudice their position/ shoot themselves in the foot!|
|✓ You're In Control||Mediation allows you to be heard properly. You have a chance to tell your side of the story. You decide on the solution. The court's power to provide a solution is restricted by legislation or case precedents. But in mediation, provided it isn't illegal the parties are free to come up with any solution that suits them. For example, a court can't order a party to apologise or vary trading terms. But parties in mediation can decide to do this. Agreements reached in this way are often more successful than those handed down in court.|