The pros and cons of mediation

By Cara Wiltshire, Legal Assistant at Woodstock Legal Services

What is Mediation?

When a court judgment has been obtained and it has not been paid as ordered by the court it will be down to the landlord to enforce payment. There are several ways in which the Court can enforce judgment, but the landlord must take the initiative. Enforcement of judgment does not happen automatically, and the court will do nothing unless asked.

Advantages

An advantage of choosing mediation to settle disputes is that it is low in cost. The average cost of the mediation process is £3,120. It’s both a quicker and easier process than going through civil ligation. Furthermore, mediation helps to mend the broken relationship between disputed parties. Unlike in litigation, there is a win-win situation in mediation when there is an agreement reached. Mediation also allows both parties to be in control and allows there to be more flexibility which, it can be argued, lead to better results. The outcome is always identified by the parties.

Disadvantages

As with everything, there are some disadvantages to the mediation process. As mentioned, the mediator must refrain from giving legal advice and as there are no formal rules involved in the process this results in a lack of formality. It also requires co-operation from both parties. If the parties involved are unable to compromise with one another, the mediation can end up as a failed option. More importantly, it can be difficult for both sides to even come to a fair agreement, as one party may benefit from the settlement more than the other. There is also no guarantee that the mediation process will end with an agreement with the other side.

If mediation doesn’t turn out to be a successful option, a solicitor will be able to discuss what to do next. If both parties can work out the reason why the mediation failed, this will prevent the case from going any further and prevent the need for court action. However, if the mediation process has failed, this may mean that the next best step is to go to court to solve the issue as the parties are unable to come to an agreement by themselves. It is good, however, to show the courts that reasonable effort was made to try and settle the dispute without proceeding to court.