Mediation offers a viable, efficient and cost-effective alternative to court proceedings. Following an EU Directive, the Mediation Act 2017 established a statutory framework designed to facilitate the settlement of disputes by mediation as an alternative to civil proceedings. Section 14 of the Act imposes an obligation on solicitors to advise their clients of the benefits of mediation in dispute resolution. If the parties refuse to engage in mediation without a sufficient reason, they may be penalised by the courts.

The advantages of mediation are:

• Cost effectiveness
• Efficiency
• Greater control over the outcome of a dispute
• Privacy

At Clarke Flynn McCole we encourage mediation in cases where it is likely to be beneficial. For further details on mediation and alternative dispute resolution, please contact us.