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Legal

Mediation, which is encouraged by the Courts, is an effective form of dispute resolution that members can utilise to help resolve disputes quickly and cost effectively without the need to go to court.

BESA Consult can provide an in-house mediation service, designed to resolve disputes quickly and cheaply. If you are involved in a dispute that has already entered legal proceedings, consider mediation.

Under the court rules, both parties have to show they have tried to resolve the dispute before the start of any trial.

Mediation Procedure

Mediation allows disputes to be settled without the need for expensive - and often time-consuming - adjudication, arbitration or litigation procedures.

A typical BESA mediation will adhere to the following process (during which either party is free to withdraw at any time):

  • One party will contact the other party to propose the use of mediation to settle their dispute
  • The parties will contact BESA to arrange for the appointment of a mediator
  • The mediator will contact each of the parties to obtain details of the dispute, and to arrange a date, time and venue at which the mediation will take place
  • A brief, Agreement to Mediate, will be signed by the parties
  • On the day of the mediation, each party will have an opportunity to explain his case
  • The mediator will lead the parties in a discussion of the issues and guide them towards a settlement. This procedure may involve joint meetings with both parties, as well as private (‘caucus’) meetings with each party in turn
  • Once an agreement has been reached, it can be rendered legally binding by both parties signing a Settlement Agreement.

Put simply, mediation is a form of negotiation carried out with the assistance of a neutral third party - ie, the mediator. A voluntary and confidential process that does not in any way prejudice subsequent legal actions, mediation often allows the parties to continue their business relationship post dispute.


Costs

Mediations typically last no more than a day, and can cost each party as little as £500.00 + VAT. All costs, including fees, are usually agreed in advance, and can be included in the Mediation Agreement.