Clifford Johnston & Co. are experts within the field of mediation.
What is it?
Nowadays no party to a dispute really wants to go to Court. It can be very expensive, time consuming and stressful. And there is only one outcome – you either win or lose. If you want to avoid this the answer is to allow the disputing parties to have a meeting in order to try and resolve their differences, and to engage a third party to facilitate this process.
This process is called mediation.
Mediation is a voluntary non binding process in which a specially trained mediator attempts to bring the parties to a dispute into a settlement.
It is voluntary, (either party can terminate the mediation at any time), but if it succeeds, and approximately 80% of them do, it ends with a binding agreement.
What are the advantages of Mediation
- COST - Court Actions can get horribly expensive, both in terms of Solicitors fees and Court Costs. Paying a mediator for a half day or a day is undoubtedly considerably cheaper than going to Court . Usually the parties to a dispute share the mediator’s fees.
- SPEED - Court cases can take a very long time to actually get to Court, often over a year. Mediation can be arranged within a matter of weeks or even days.
- RANGE OF OUTCOMES - At Court you either win or lose. You either get paid or, if the case goes against you, you pay. A mediated settlement can be anything you agree. It could incorporate an apology form a Health Authority for a botched operation. It could allow a dismissed employee to be reinstated. The list is endless.
As a firm we recommend you consider mediation as a cheaper, quicker and more flexible alternative to going to court.
Hugh Joseph, a Consultant at the firm has practiced as a solicitor for over 25 years, and has been a fully accredited Civil and Commercial Mediator for 14 years. During this time he has successfully mediated a range of disputes including commercial contracts, employment disputes, high value personal injury claims and contested probates.