Mediation—advantages and disadvantages


Published by a ³ÉÈËÓ°Òô Dispute Resolution expert
Practice notes

Mediation—advantages and disadvantages


Published by a ³ÉÈËÓ°Òô Dispute Resolution expert

Practice notes
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This Practice Note sets out the key differences between, and likely advantages and disadvantages of, the mediation process as compared to litigation in England and Wales.

What is mediation?

Mediation is one of the most commonly recognised and used forms of alternative dispute resolution (adr).

Mediation is a confidential process which involves an independent third party (the mediator) who seeks to assist the parties to come to an agreement to resolve their dispute.

For an overview of the mediation process, see: Mediation—overview.

The Ministry of Justice published a ‘guide to a civil mediation’ in July 2021 which provides information about the benefits of civil mediation and how to find a mediator.

Why consider mediation?

There are many reasons why seeking to settle a dispute may be appropriate, ranging from preservation of a commercial relationship between the parties, minimising litigation cost and time and maintaining confidentiality surrounding a dispute. For general information on settling disputes, see Practice Note: Settling disputes—what, when and why settle?

Therefore, when advising a client at the outset of a dispute, it is important to

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Jurisdiction(s):
United Kingdom
Key definition:
Alternative dispute resolution definition
What does Alternative dispute resolution mean?

A catch-all phrase describing the resolution of disputes other than by litigation.

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