“We were faced with a very tricky HR problem which we asked Taktika to resolve on our behalf. Through the process of professional workplace mediation, the outcome was wholly accepted by all parties and we were able to return to carrying out our daily business.”
“I was referred to TMS when I needed help with the resolution of a civil dispute. I found their approach to be diligent, responsive and wholly effective. I would recommend anyone needing a Mediation service to contact them.”
What is Mediation?
Mediation is a legally recognised form of Alternative Dispute Resolution (ADR) i.e. a means of resolving a dispute as an alternative to initiating formal legal action through the UK court system. Other forms of ADR that are commonly used are Negotiation and Arbitration.
Mediation takes the form of a structured negotiation in which a professionally trained and independent outsider assists the parties in dispute to find a mutually satisfactory outcome.
Why use Mediation to settle your dispute?
Given the rising costs of settling disputes via the English court system, it is no surprise that a growing number of parties in dispute use Mediation as a viable, relatively swift and cost-effective alternative. Indeed, courts will look favourably on parties who have genuinely sought to settle matters using an ADR process.
When should Mediation be used?
The courts actively encourage disputing parties to settle matters outside of the formal court system if at all possible. Consequently, provided they both agree, disputing parties may access Mediation (and other forms of ADR) at any time after a dispute arises, right up to the moment immediately before a court reaches a decision on the case.
The opportunity to refer a dispute to Mediation will generally arise as defined below:
This would normally occur when two parties, recognising that they were unable to arrive at a negotiated settlement over a dispute, agree to third-party intervention i.e. Mediation as an alternative to commencing court proceedings. Both parties must agree on the choice of Mediator and the matter can usually be dealt with in a few days. Mediation accessed at this stage could potentially identify a resolution acceptable to both parties at the lowest cost/shortest time.
This would normally occur when one of the parties in dispute (the claimant) notifies the other party (the defendant) of their intention to commence legal proceedings (this is usually called a pre-action protocol letter). This notification is typically sent out by a claimant’s solicitor.
At this stage, either party could suggest the use of Mediation to settle the dispute. If both parties agree, the formal legal process would usually be suspended (at least until after Mediation has attempted to identify a resolution). Both parties must agree on the choice of Mediator and the matter can usually be dealt with in a few days. Mediation accessed at this stage could potentially identify a resolution acceptable to both parties at a low cost/short time.
At this stage, the court will notify the other party (the defendant) that a claim has been filed against them and the defendant would be invited to respond to that claim. If a claim is to be defended, it is usual for the court to ask both parties (the claimant and the defendant) whether they would consider trying to settle their dispute using Mediation (or another ADR process).
If both parties agree (and dependent on the value of the claim), the parties may be referred to the Small Claims Mediation Service –this is generally a free-to-access service, although the costs of filing and defending a claim in court would not usually be recoverable.
The scenarios set out above do not imply legal advice and are offered by way of assistance in gaining a general understanding of how Mediation is normally accessed by parties in dispute. Not all disputes can be referred to Mediation and there may be implications for settling a matter via Mediation.
In short, there is no substitute for sound, professional legal advice and parties in dispute should always refer to their solicitor (or other suitably qualified counsel) if they have any doubts as to what options are available to them when trying to settle a dispute.
Why use Taktika as your Mediation provider?
Taktika Mediation Services provides qualified and accredited mediators across a range of commercial, public and private sector areas, including contractual disputes, professional negligence, construction issues and employment matters.
Taktika has more than 12-years’ experience in successfully resolving disputes for individuals and companies using ADR processes & methods. Taktika Mediation Services adheres to the ADR EU Code of Practice, is accredited by the Civil Mediation Council and is fully insured against claims arising from the Mediation process.
Where does Mediation take place?
Taktika can arrange a neutral venue on behalf of the parties in dispute or a suitable venue may be agreed by the parties independently or via their legal representatives.
How do I book a Mediator?
Requests for Mediators can be made directly online. However, it is important to remember that:
- Both parties have to agree to try to settle their dispute through Mediation and
- The choice of any particular Mediator is a decision that must be agreed by both parties in dispute
How much does Mediation cost?
Taktika will provide a mediator in accordance with the following fee table:
All fees quoted are subject to VAT