Our mediation and conflict resolution team has experience in advising and representing clients through alternative methods of dispute resolution, where litigation is not always the best answer.
What is Mediation and when is it an appropriate method of dispute resolution?
Mediation can be a practical alternative to court proceedings or tribunals. It is a voluntary procedure whereby an independent and impartial mediator assists parties to a dispute; facilitating discussion of the issue and encouraging them to reach a mutually acceptable solution.
Mediation tends to produce rapid results, in contrast with litigation which can often be lengthy, time-consuming and expensive.
It is a flexible procedure which can be effective in resolving disputes in many areas, with it being particularly suited to resolving family law and employment law conflicts.
In Scotland and across the UK, expertise in mediation and conflict resolution has become invaluable in both the private and public sectors. Recent developments in policy and legislation will potentially transform the way disputes are resolved in Scotland and, indeed, the Government has indicated mediation as a key component of their vision for dispute resolution.
Mediation can be used in Family law disputes, particularly to ease the process of divorce and separation.
In divorce and separation proceedings, it can be difficult for couples to amicably discuss and agree on all of the factors that must be considered, especially in relation to financial arrangements and matters associated with children. Mediation can therefore be particularly useful in this situation as it facilitates structured communication. The mediator will encourage and assist parties to reach suitable arrangements.
This will generally result in a better outcome for both parties and any children they may have together as it ensures all the factors and implications of separation/divorce have been fully considered and suitably provided for.
Furthermore, it is likely that resolving issues in mediation will be less stressful than having to do so in court proceedings which can be more traumatic - especially the case when children are involved.
Mediation can be an ideal solution for employment law disputes.
In a workplace, disputes between colleagues, team members, employees or employers have the potential to waste a great deal of time and energy and can be of great expense to a business.
Additionally, formal internal conflict resolution procedures and employment tribunals can be costly to undertake and can result in further disruption and breakdown between relationships in the workplace.
Mediation can be a more cost-efficient and effective solution.
As mediation tends to be a quick process in comparison with litigation, the issue can be dealt with swiftly, allowing for business to return to normal as soon as possible.
Moreover, as both parties in mediation procedures must agree to the terms of the resolution, it is likely they will find it to be more satisfactory than a solution imposed by a third party decision maker. This leaves potential for the employment relationship to be preserved or developed once the dispute is resolved. Conflicts and disputes are common place and almost inevitable in business, therefore it is important that organisations have an appropriate strategy on how to deal with them to minimise disruption and cost.
How can Miller Samuel Hill Brown’s mediation & conflict resolution solicitors help you?
At Miller Samuel Hill Brown we recognise the strengths of mediation as a cost-efficient and effective method of dispute resolution. Our Employment and Family Law Teams have years of experience in conflict and dispute resolution, including, mediation. One of our leading solicitors in this area, Marie Macdonald, partner and head of our Employment Unit has also recently gained a Postgraduate qualification in Mediation & Conflict Resolution with Merit.
We have a rigorous, multi-disciplinary perspective on mediation and conflict resolution and can help you resolve your disputes effectively. Contact our team today through our online enquiry form here or speak to one of our solicitors on 01412211919.