Why mediate?

Litigation is expensive. Even a relatively modest property dispute can cost each party tens of thousands of pounds in solicitors' fees, expert reports, court fees and counsel's fees — and that is before trial. The costs of a contested multi-day trial can be ruinous.

Mediation costs a fraction of that. The mediator's fee is typically shared between the parties, and each party's preparation costs are minimal compared to the months of work that litigation requires. Most importantly, if the case settles at mediation — as the majority do — those ongoing litigation costs stop immediately.

Court proceedings in England and Wales are slow. From issuing proceedings to trial, a defended case routinely takes 18 months to three years. During that time both parties face uncertainty, stress and mounting costs.

Mediation can be arranged in weeks. A single day's mediation can resolve a dispute that might otherwise have occupied the parties — and their lawyers — for years.

Going to court means handing control of the outcome to a judge. Even in strong cases, litigation is unpredictable — judges can and do reach unexpected conclusions, particularly in property and boundary disputes where the facts are complex and the law is uncertain.

At mediation, the parties control the outcome. If you reach agreement, you know exactly what you have agreed. There are no surprises, no appeals, and no need to wait months for a judgment that may not go your way.

Litigation is adversarial by nature. It requires each party to argue their case as strongly as possible, which tends to harden positions, destroy goodwill and make compromise harder over time. By the time a case reaches trial, the relationship between the parties is typically irreparable.

This matters especially in property disputes, where the parties may continue to live next to each other, or in commercial disputes where the parties have an ongoing business relationship. Mediation allows a resolution to be reached without the destruction of litigation.

The courts increasingly expect parties to consider mediation before litigating. Refusing to mediate without good reason can result in costs penalties even for a winning party. The Civil Procedure Rules expressly require parties to consider alternative dispute resolution at every stage of proceedings.

Laurence's experience as a litigation partner means he understands this landscape well and can advise on when and how to raise mediation with the other side.