Robert Rhodes QC explains for MyBarrister the advantages of using mediation in order to resolve disputes.
He states that the process of mediation can be really successful and a satisfying solution can be reached by parties if they appoint a skilled mediator and are able to “live with a negotiated settlement“.
Robert advises that the key aspects to be considered in a mediated dispute are cost and speed, practicality and confidentiality. The latter is important especially if the parties do not want to have their commercial disputes viewed by competitors, as it could be the case in litigation, which is open to the public.
Mediation is usually able to settle a dispute in about two days, at low cost, whereas the litigation process lasts and costs significantly more. When using mediation, “You will be able to get on with growing your business rather than having the distraction of litigation“, Robert says.
In terms of practicality, mediation carries far fewer risks than litigation, with no unpredictable costs, no appeal, no judgment enforcing process, no delays.
As an additional advantage, Robert indicates that the relationship with the opponent is an important consideration. Therefore, “If you wish to continue that relationship, […] it will be much easier to do so if you mediate your dispute rather than have lawyers on either side calling the other party liars.”
Robert is a mediation specialist and sits on a number of Far Eastern panels of mediators, being also a member of the Civil Mediation Council. He has published extensively on this subject.
Barristers: Robert Rhodes QC