Mediation and Arbitration with myBarrister™
Resolve Legal Issues Without Going to Court
Going to court isn't the only way in which you can resolve your dispute. Mediation or arbitration can save you significant time, money and stress. The main difference between mediation and arbitration is that in mediation, the parties have the decision making power, and the mediator is the independent and impartial third party who helps the parties to work out how to resolve the dispute. In arbitration, it’s the neutral arbitrator who makes the decision after hearing from both parties. We give you more information on the two approaches below to help you decide which route you want to use. myBarrister can connect you to specialists in mediation and arbitration who can help you to get to a timely and cost-effective solution.
What is Mediation?
Many barristers are trained as mediators and will act as unbiased intermediaries, helping both sides resolve issues in a way that reduces stress and conflict.
Mediation is a voluntary, confidential process where you, the participants, make the decisions to resolve your disagreement. The mediator is impartial and is there to support all participants equally. Mediation finds practical solutions to your problems. You decide what to discuss and develop the solution. The mediator will then reduce your agreement into a written document which you can ask the court to turn into an enforceable order. You can seek legal advice at any point during the mediation process. With a good mediator, the process is cheaper and quicker than only using lawyers or going to court. You can use mediation in a wide range of situations, including: commercial disputes, workplace or disputes and in divorce and family cases. Mediation is completely confidential, including the agreement you reach, it can be ideal for situations where privacy is important, such as divorce and separation cases. Courts increasingly expect parties to try and resolve disputes without using litigation and mediation can help you do this. From 2014, all family cases will have to go through mediation.
The Mediation process usually follows this pattern:
- Establish exactly what the dispute is about
- Prioritise the issues and requirements of each party
- Facilitate each party to come together
- Explore areas and proposals not previously considered
- Draw out potential solutions from the parties
- Reach an approved agreement that is signed by both parties
If you have a dispute over a contract that contains an arbitration clause, you will need to appoint an Arbitrator.
An Arbitrator can be appointed where a binding legal decision is required, but where the parties want to avoid the expense, time and publicity of court.
The Arbitrator will deal with all stages of a case. Both sides can decide how the process is conducted.
There are some situations where arbitration might not be suitable, for example if you need to get evidence from third parties or there is a risk that the other side might try to hide assets, but in many cases arbitration is a genuine alternative to going to court.
Finding a Mediator or Arbitrator through myBarrister™
Use the search box to the right.
Select whether your issue is 'Business' or 'Personal'.
Under 'Area of Law', select 'Arbitration' (Business) or 'Mediation' (Personal).
Press 'Start Your Search' - you will immediately see barristers who can help.
When to Use Mediation or Arbitration
In many commercial and personal situations, including:
- Divorce and relationship issues
- Inheritance and trusts
- Contractual disputes
- Employment issues
- Personal Injury
- Director and partnership disputes
- Professional or Clinical Negligence
An Arbtitrator is generally used only in cases where the contract in dispute has an Arbitration clause.