It is not a requirement to have sought legal advice or have instructed a solicitor in order to begin mediation and it is routine that clients decline legal advice throughout the meditation. However, should one wish to engage in legal advice prior to mediation it will certainly help one understand clearly their legal rights before going into the process.
What are the advantages of mediation over court?
- Mediation is significantly more cost-effective than court, most would estimate that mediation is approximately 10% of the cost of attending court.
- Mediation is a much quicker process that allows for expedient results in contrast to having matters dragged through court, which can be laborious and subject to significant delay.
- Mediation offers a more relaxed environment for the parties to come to an agreement.
- As mediation is a confidential process the parties can rest assured that all records and notes pertaining to the mediation will remain confidential.
Is mediation legally binding?
By default, once a mediation settlement is signed by the parties, it will be legally binding however, should the client wish for the mediation settlement not to be legally binding a clause can be inserted into the mediation settlement to reflect this. In any event, as best practice, a final draft is always sent to the client for review either by them or their solicitor before moving to execution of the mediation settlement.
