Robert Martell is an RICS Accredited Mediator and uses his communication skills gained over 30 years in the construction industry to facilitate and mediate agreements between Parties.
Court rules now often require lawyers to consider the suitability of mediation before litigation has started and during its progress. Many standard forms of contract include mediation clauses and pre-action protocols require that parties attempt to mediate.
Traditional dispute resolution involves solicitors, barristers, experts, courtrooms, judges and arbitrators. Disputes often run for months and even years leading to enormous costs, time lost for the parties away from their business and often the breakdown of relationships. Mediation is growing in importance as a recognised alternative to litigation, adjudication and arbitration.
It is not unusual for the costs of the dispute resolution processes to exceed the value of the dispute. Legal and court costs can be horrendous and the time involved for the parties in following the litigation route is often prohibitive. Mediation can offer a quicker and far more cost effective way of settling disputes.
Whilst it is not guaranteed, mediation more often that not results in a settlement. A large majority of mediations reach a resolution within the day and many of those that don’t often settle shortly afterwards.
Unlike the other legal processes, mediation allows, indeed encourages the parties to look beyond the basic issues of the dispute itself and examine the other relevant considerations like time, costs and relationships. Parties may agree to compromise and are able to formulate any agreements that are acceptable to them. Mediation often achieves not only resolution of a dispute but also the possibility of restoration of personal and business relationships.