Andrew Hildebrand explores how mediation can demonstrate tactical strength
Deciding when and whether to mediate a client’s case can be a delicate balance. There are times though, and I don’t just mean those occasions where you feel that litigation may not be the best option, when mediation can complement your practice, such as when a relationship client is more likely to thank you for avoiding litigation, or where the amounts involved are relatively small and litigating is unlikely to be cost-effective. In those sorts of cases, clients will appreciate you delivering a quick, commercial result, just as they will if conventional legal remedies are likely to take too long or don’t offer what they want.
Mediation can also make sense where emotions are involved and the most effective way of sorting out a dispute entails getting to the heart of the problem. Maybe the parties don’t want what, to you, looks like an obvious solution, or despite your concerns about a case, they want their “day in court”.
The problem may be because the other side won’t listen. They may be convinced they
