Don’t litigate – Mediate!
Limit the stress
The thought of going to Court and the anxiety of having no control of the outcome of proceedings is quite a daunting prospect for most. The traditional forum of the courtroom is a place where few would choose to spend time and the atmosphere does little to promote cooperation between the parties. The whole experience can be tense and uncomfortable, leaving those involved with no way out and the outcome of their case in the hands of a judge whom they have never met. Levels of stress reach a peak in the build up to a final hearing, the culmination of an often lengthy and drawn out process.
When you factor in the costs of litigation – rarely the most economical way to achieve your desired end – one can be forgiven for wondering why anyone would voluntarily put themselves through it all. Wouldn’t it be preferable for the parties to a dispute to come together and try to reach an agreement, crafted in their own terms, in a more comfortable environment without a Judge and avoiding hostile cross examination? The answer to this seems pretty obvious…
Mediation seeks to bring the parties to a dispute together to look to resolve their differences in a way which is both practical and palatable for them. It provides a space where there can be direct communication between those at the heart of conflict, enabling them to identify and focus on the issues which really matter to them. Mediation creates the possibility of an end result with which all parties are satisfied – a win/win. The process is entirely voluntary and ‘without prejudice’, providing freedom to openly discuss differences and explore potential solutions.
Talk it out
There is no judge in mediation; rather, discussions are facilitated by a mediator, an impartial third party who does not take sides, but encourages constructive dialogue with a view to reaching a mutually acceptable agreement. Importantly, whilst the mediator takes an active part in the process, the parties themselves retain control at all times, so negotiations are conducted and concluded on their own terms. Without the constraints of the courtroom, rules of evidence and the binds of judicial precedent, there is freedom to construct a settlement which truly reflects the parties’ unique needs.
The cost-effective option
Unlike litigation, mediation is without the risk of an escalation of costs. Mediation fees will be fixed and paid in advance, so parties can negotiate in the full knowledge of the extent of their financial exposure.
Kearns Solicitors are very proud to demonstrate their commitment to mediation with the introduction of a first class mediation service throughout England and Wales. This follows the successful and well-established advocacy service which Kearns has been operating for over 25 years. Building upon our already strong reputation, expertise and industry knowledge, we have established a panel of skilled and experienced practitioners to assist in the resolution of disputes.
Trust the experts
To ensure that our panel maintains our high level of service to our clients, we have very carefully selected our mediators following a stringent application and interview process. Each individual accepted onto our panel is experienced in dispute resolution and is known to our efficient booking team, who are able to advise you on selecting the best mediator for your dispute. Our service covers a wide range of legal areas including Civil and Commercial, Family and Workplace and Community mediation. Whatever the nature of your dispute, we are confident that we will provide the most suitable mediator to assist you. Some of our mediators are also prepared to conduct mediations on a pro bono basis, subject to circumstances and the nature of the dispute.
Keep it simple
To make the entire process straightforward, Kearns Mediation operates an efficient online booking system on which a mediator can be selected. Mediation bundles can be uploaded onto our secure portal, reducing costs and time spent on administration. Our service is nationwide and our mediators are happy to travel to an agreed location at the convenience of the parties, the cost of which is included in the fixed fee you are quoted.
Kearns is committed to providing you with a first class service, freeing you up to secure the best outcome on your terms. If you are looking for a swift and cost effective resolution to a dispute, Kearns Mediation should be your first port of call.
T: 02920 808665