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Ches Crosbie Barristers

What is mediation, and is it a good idea?

Mediation is used to resolve many kinds of disputes, including claims for damages for personal injury.

It is an interest-based process, as opposed to a trial which is a rights-based process. Mediation helps to identify and address the interests of the parties to a claim, whereas a trial determines the rights of the parties based on the evidence and the law. 

Mediation is consensual and the mediator cannot impose a resolution. Only the parties can resolve or settle the case.

Mediation is less costly and time consuming than court proceedings. It has the advantage of involving the parties directly in making decisions affecting their claims and defences. Clients are active participants in solving problems, not passive bystanders. Mediations are usually scheduled several weeks in advance, and are often considered as a method to reach settlement of a claim after negotiations have reached an impasse and before resorting to the courts. In fact, there are few cases in which mediation is not a good idea.

Like any other important step in your claim, mediation requires preparation. We will prepare ourselves, and you, so that we both can present your claim effectively, and deal with the issues it raises.
If mediation is appropriate for your claim, we will work hard to ensure its success for you.