Mediation at Five Paper
What is mediation?
Mediation enables people to resolve their differences without going through time-consuming and expensive court action. A trained mediator helps those in conflict to settle disputes in a way that is acceptable to all parties.
Advantages of mediation over a court hearing
- In court the judge decides the outcome. In mediation each party has a say.
- The outcome of court proceedings is uncertain. Mediation enables parties to obtain certainty and move on.
- A judge’s course of action may be restricted by the way a claim is made.
- Mediation allows the parties to resolve a dispute however they choose.
- Court proceedings are stressful and their adversarial nature can worsen relationships. The consensual nature of mediation can actually help to reduce anxiety and improve relationships.
- A typical mediation takes no longer than a day and costs much less than a long court hearing.
- Judges encourage parties to mediate and may award costs against those who refuse to do so.
How does a mediator assist the parties?
Mediators are impartial facilitators – they do not judge or decide. They help parties in dispute to:
- Understand the options, risks, costs and consequences.
- Listen to one another and negotiate effectively.
- Assess the strengths and weaknesses of their case.
- Understand the choices open to them if they don’t reach agreement.
Mediation at Five Paper
Our principal mediator is Richard King. Roger Bull is also available to mediate in property and finance-related family matters.
The barristers listed in the panel to the right have also represented clients in mediations.
If you would like to discuss mediation, please contact our clerks or telephone us on 020 7815 3200.
Mediation Newsletter
To view recent articles from our Mediation Newsletter, written by Richard King, please click on the article title:
Cases on mediation: Pressure to mediate
Practical insight: distributive bargaining
Problem area: litigation funding agreements