Stuck in a dispute?
And getting nowhere fast?
Medical and civil disputes can be painful, prolonged and pointless. Because although everybody wants to find a solution, and nobody wants the lawyers to take everything for themselves, there sometimes isn’t a clear way forward. Arguments can drag on, consuming anyone and everyone who gets embroiled in it.
But that doesn’t have to be the way.
Mediation is the next step. It enables both of you to have a frank, open and facilitated discussion, in confidence and without prejudice, to find an outcome that works for both of you.
Success rates are high, and the process is quick. And if the two of you really cannot find a solution then you can still go to court and fight it out.
Richard Marks is a mediator trained in general, civil and workplace mediation. He lives and works in London. He is a former Vice President of the Royal College of Anaesthetists and has many years of experience with resolving disputes and settling agreements on professional standards. Read more about Richard…
His main interests are in medical, workplace and civil mediation including disputes between medical staff and medical organisations. Read more about his interests and expertise…
Mediation works in resolving disputes because it allows people the ability to talk openly and confidentially, in a safe space, and to explore a potential settlement without being dictated to by lawyers and judges. Read more about the process …
For information about Fees and Costs click here …
How do we resolve disputes?
Disagreement and dispute is an unfortunate fact of life. There are several methods we can use to solve them.
- Analysis of the facts and careful attention to detail can produce an answer. And many disputes that hinge around facts, figures and points of law can best be approached in this way. But there are problems if the facts cannot be proved, or if there are disagreements about interpretation.
- Advice of a judge or an assessor who has knowledge and wisdom can also produce an answer. But in complicated issues the answer that a judge produces might not be appropriate. An absolute and final determination does not allow compromise.
- Mediation between the parties can be a better way. Mediation is
- Consensual – both parties agree to mediate and agree with the result
- Based on self-determination – the parties in the dispute find a solution that works for them
- Confidential and without prejudice – what is said inside a mediation cannot be repeated outside.
Mediation is especially useful in disputes where you think the other party is behaving unreasonably or unrealistically.
Either you or the other party can request mediation as a way of solving your dispute. We are happy to talk to you about ways of approaching the other party and getting an agreement to enter into mediation. When you agree to using mediation
- You will be fully informed of the stages and steps
- You retain an unparalleled degree of control compared to more adversarial approaches
- You will be fully aware of the costs and expenses before the process starts
- You will find the process more enjoyable and much faster than a purely legalistic resolution
When is mediation useful?
Not every dispute is amenable or suitable for mediation. If you are unsure about whether mediation is appropriate for your dispute we can discuss it with you on a confidential telephone call. Contact us for more details.
It is likely to be of benefit if the dispute you are involved with involves
- Breakdown of interpersonal relationships or trust
- Complicated emotional issues, where the facts are outweighed by the feelings
- Disputes over authority, power and personal space
- Clashes of values – ethnic, cultural, intergenerational