Posted: Friday, 4 January 2019 @ 13:43
Recently, the leading judge, the president of the Supreme Court has made some interesting comments on use of mediation.
Lord Neuberger, in a speech entitled ‘a view from on high’, praised mediation for being quicker, cheaper, less stressful and less time-consuming than litigation. He also said potential outcomes were more flexible and more likely to leave both parties emerging as ‘winners’.
He has a point and as he said In many civil and family cases proper litigation would lead to costs and time being disproportionate to the value of the case. He has referred what he calls an ‘almost perfect storm of financial difficulties’ that could deprive ordinary people from access to justice.
Frankly the absence of inexpensive legal costs, absence of legal aid and the rising Court fees are denying people access to justice. The judge is right.
And, mediation can be an effective way of bridging the gap.
What I can say being an experienced mediator and lawyer, is finding an effective mediator is not necessarily straightforward(particularly when the whole business model of the mediation "profession" is fundamentally flawed) and parties do need help to negotiate effectively.
These variables as well as what the judge said are barriers to justice.
By helping parties negotiate effectively and finding a good mediator will help justice be obtained.
Do this, and you can get a solution which will beat going to Court.