Do you really need to go to Court?

Thankfully, the answer is no because disputes can be resolved long before the need to go to Court arises. You can decide to take this step yourself and it is even directed under Civil Procedure Rules that the parties consider mediation before issuing proceedings.

These Rules state that “Litigation should be a last resort – the parties should consider whether negotiation or some other form of Alternative Dispute Resolution (ADR) might enable them to settle their dispute without commencing proceedings. Parties should continue to consider the possibility of reaching a settlement at all times, including after proceedings have been started”.

Mediation is a type of ADR and is essentially a structured negotiation where the mediator acts as an independent “facilitator” and helps the parties in the dispute come to an agreed settlement, rather than a decision imposed by a Judge.