01 May 2007
Dispute resolution is not just about arguing your client's case. Sometimes, taking a less confrontational approach to resolving a situation can ensure that all parties get the best out of a bad situation. The litigation and dispute resolution practice at Thames Valley solicitors B P Collins houses a team of partners who specialise in mediating cases in all manner of situations.
Nick Hallchurch, a dispute resolution partner at the firm, is a co-founder of Middlesex and Thames Valley Mediators (MTVM). In this role, Nick has had the pleasure of mediating a large number of commercial disputes, ranging from the ownership of boats to the payment of substantial commercial debts. Mediation is about remaining neutral in the face of adversity. The mediator is not a judge and voices no opinions about the parties' legal positions unless asked to do so (this is likely to damage rapport if they do). The mediator's role is to facilitate and encourage the parties to reach their own settlement to the dispute.
Nick explains how one recent case proved to be not only a fascinating cultural experience but gave him the opportunity to shake off all semblance of protocol and react to real people from all walks of life.
"We were assembled one cold Saturday morning to mediate the ownership of a Mosque between two interested parties. Many had travelled from abroad for the mediation, and knowledgeable legal representatives represented both parties. Throughout the day I was invited to engage in their customs and traditions. Getting to know the parties involved in this way, seeing things from their point of view and understanding the importance of a situation, will ultimately help to smooth the mediation process."
"Mediations can last as little as two hours or as long as a day and, sometimes, most of the night! Financially though, they are more beneficial to both parties and have a success rate of over 70%, which is encouraging when you consider the potentially confrontational nature of the situation. In this particular case, the Mosque confirmed that they had had two other Mosques mediating the dispute before representatives from MTVM were involved. By engaging trained professionals in a complex situation, promising progress was made during the day. Ultimately, ideas and negotiations were generated in a rational and calm manner and should provide positive steps towards resolution in the weeks to come before getting to trial."
Mediation is excellent for resolving personal injury and negligence claims, computer disputes, property ownership claims, inheritance claims, directors' disputes and disputes between businesses that want to continue working with one another in the future. It can, however, be used to resolve any dispute, but especially where proceedings have already been issued in a Court or Tribunal. The settlement at a mediation can be wide-ranging and flexible, and often includes matters which are outside the dispute, such as arrangements for future trading relationships. It is worth noting that Courts can now impose costs penalties on parties that have failed to consider mediation or other forms of dispute resolution before their case comes to trial. This means, even if you are the winning party, and you have won on every issue, you may be penalised with a costs award against you for failing to conduct your case in a way that promotes early settlement.
Today, the Government encourages mediation as a way of resolving disputes, rather than go through the Courts. At a mediation, the parties have much more of a say in what goes on, thereby acquiring control of their own disputes, whereas they can feel somewhat removed from the Court. It is also likely to be a more cost-effective solution.
Details of Middlesex & Thames Valley Mediators, who are accredited by the Court Service, can be obtained from the following:
Nick Hallchurch
c/o B P Collins Solicitors, Collins House, 32-38 Station Road, Gerrards Cross, Bucks, SL9 8EL
Telephone No: 01753 279035
Fax No: 01753 889276
Email: nick.hallchurch@bpcollins.co.uk
James Torr
Middlesex & Thames Valley Mediators, 7 Lambscroft Way, Chalfont St Peter, Bucks SL9 9AY
Telephone & Fax No:
01753 888023
Email: admin@MTVM.org
Please also visit their website at: www.mtvm.org. |
