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.
The Isle of Man Courts 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.”
This reflects a similar judicial approach in England and Wales: Mr Justice Coulson in CIP Properties (AIPT) Ltd v Galliford Try Infrastructure Ltd & Ors  EWHC 3546 (TCC) (29 October 2014): “Even if the Court adopts all the various techniques for reducing the trial to a minimum…trials are often unwieldy and cost ineffective. Expert’s fees often account for a large proportion of the costs. A professional mediator, engaged at the right time in the process and in the right spirit of co-operation by the parties, will often be able to resolve the most intractable case and save everyone a good deal of money, time and effort”
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.