How Can Mediation Help?

A practical way to resolve disputes

Disputes can be expensive, time-consuming and stressful. Sometimes a disagreement has been going on for months or even years. Positions become entrenched, communication breaks down and the cost of involving lawyers or going to court can become disproportionate to the dispute itself.

Mediation offers another way forward.

An independent mediator helps those involved identify the issues that really matter, understand each other’s position and explore whether a practical agreement can be reached.

Mediation can often resolve a dispute much more quickly and at considerably less cost than taking a case through the courts. It is private and confidential and can be used whether or not lawyers are involved or court proceedings have already started.

Could mediation help with my dispute?

Mediation can be used for almost any civil or commercial disagreement where those involved are willing to explore whether a solution can be found.

You do not need to know whether your disagreement is legally a “commercial dispute” or even whether mediation is the right process. If you are involved in an argument or dispute that you have been unable to resolve, we would be happy to have an initial conversation about whether mediation might help.

Common examples include:

Property disputes – including landlord and tenant, rent, service charges, ownership, boundaries, access and property management.

Business disputes – including shareholders, directors, partners, contracts, debts, payments, customers and suppliers.

Neighbour disputes – including boundaries, access, rights of way, parking, noise and building works.

Inheritance and family disputes – including wills, estates, inheritance, property, money and family businesses.

Why use Wells for commercial mediation?

Experienced lawyers and mediators

All of our commercial mediators are qualified lawyers as well as professionally trained mediators. Our team combines substantial legal experience with practical experience of running businesses and investing in property.

A practical, commercial approach

Resolving a dispute is not always about establishing who is legally right. The best outcome may be a workable solution, preserving an important relationship, agreeing a payment or simply bringing a long-running disagreement to an end.

Focused on resolution

A half-day or full-day mediation provides dedicated time to concentrate on the dispute and explore possible solutions. Many disputes can be resolved, or make significant progress, in a single session.

Clear and proportionate costs

We believe the cost of resolving a dispute should be proportionate to the problem. Our fees are clear and agreed in advance, giving participants certainty from the outset.

What happens?

We usually speak to each participant separately first so that we can understand the background to the dispute and explain how mediation works.

If everyone agrees to proceed, a mediation meeting is arranged, either in person or online. Depending on the nature and complexity of the dispute, this will typically be a half-day or full-day session, allowing time to explore the issues properly and work towards a resolution.

The session is usually conducted in separate rooms, with the mediator moving between the participants to discuss their positions, explore possible solutions and help them work towards an agreement. Discussions with the mediator are confidential and information is only shared with the other participant where agreed.

If an agreement is reached, the terms can be recorded in a written settlement agreement which, once signed, can be legally binding.

The participants can have lawyers advising them where appropriate, but it is not necessary to have started court proceedings or to have instructed a solicitor before contacting us.

Talk to us about your dispute

You do not need to know what type of dispute you have or whether it is suitable for mediation.

If you have an unresolved disagreement and would like to find a practical way forward without the cost and uncertainty of going to court, contact us for an initial discussion.

I would like to thank you for the time you have spent in achieving in 4 hours, what we never achieved in 4 months. I think it is by far a much better process than solicitors and court.

I honestly feel that we now have a good chance of proceeding in an amicable way that hopefully in time will become a friendship with the children at its core. I do not think we would have achieved this through solicitors, and feel huge gratitude for your patience and gentleness.

It’s so much better to go through this process together in a calm and neutral setting, rather than being defensive at home or seeing a solicitor individually. You’ve been a great adviser on a tricky topic and the meetings were really productive.

Throughout this whole horrible process we have both felt that the system is designed to leave us hating each other and to have had your support in helping us get to this point has meant a great deal, so thank you for your support of us both and for reflecting everything so well.

Thank you for all you have done to make a very sad and painful process somewhat less painful!

Thanks for all your help. We are talking a lot more and generally getting on much better, we even stood next to each other at rugby AND are going to parents’ evening together!

You did more in 4 hours than our lawyers had done in 1 year. For that I am very grateful.

If you would like to talk through your options or discuss the mediation process, call us on 01892 506906 or fill in the form below.

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