As a form of Alternative Dispute Resolution, Mediation is a process which enables an independent qualified professional to assist the parties in a dispute, to reach a solution by encouraging and facilitating discussion between them
In this article Head of Litigation, Peter Maughan, looks at the case of Ohpen Operations UK Limited v Invesco Fund Managers Limited [2019 EWHC 2246] when the English High Court held that mediation was a condition precedent to the commencement of litigation and therefore stayed the proceedings to enable mediation to take place.
The Isle of Man Courts also recognise the importance of this process and encourage the parties to endeavour to resolve disputes through mediation. This was emphasised by His Honour The Deemster Corlett in the Family Court Review 2017: “The benefits of the parties reaching their own solutions without the Court imposing them cannot be underestimated.”
The First Deemster, His Honour The Deemster Doyle in Association of Cosmetic Surgery & OTR v Bentley 2009 observed: “… as experienced counsel will be aware the law is sometimes a very blunt instrument to resolve disputes of this nature and I would encourage the parties if they had not already endeavoured to do so to endeavour to resolve their disputes through the mediation process.”
Engaging a mediator to assist parties in resolving their differences will provide:
- A flexible approach to the issues
- A confidential and less adversarial process
- A more cost-effective process than taking a case to Court
- Where applicable, an opportunity to preserve the relationship between the parties
- More certainty of outcome rather than a judgment issued by a court which might not suit any of the parties.
For more information in relation to the Mediation process email email@example.com or telephone +44 1624 690300.