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For several years now, we have been able to offer mediation to our clients as a possible route to bringing cases to a swifter conclusion and I believe that this procedure will become more and more popular. I am increasingly suggesting it in cases where I think it might bring savings both in time and money for my clients. The courts are now expecting mediation to have been actively considered in civil litigation since the introduction of the Civil Justice Reforms in 1998 and I know that the Court of Appeal have recently imposed cost penalties where parties have refused to consider mediation.
Mediators are normally solicitors or occasionally barristers who have been specially trained in mediation and as a general rule, mediation sessions take around four to five hours, although the mediator will be prepared to continue for longer if he or she feels that there is a reasonable chance that the parties may come to an agreement. The procedure is normally undertaken on a “without prejudice” basis. If all else fails, we can still proceed to a full trial but it seems to me that with a comparatively small outlay I can offer my clients the opportunity of a swifter and more satisfactory settlement which should not be dismissed lightly.
Graham Young