Published on: 29 March 2016
Mediation is a form of Alternative Dispute Resolution (ADR) and can be a time and cost efficient process for resolving disputes. In mediation, a third party assists the disputing parties to negotiate a settlement. It is a non-adversarial method of resolving disputes and is appropriate in almost all commercial and boating matters which are capable of settlement out of court. British Marine has set up a mediation scheme for its members.
Benefits of mediation
- The majority of mediations conclude in a successful outcome
- A resolution achieved through mediation typically takes less time than litigation
- Although still subject to fees, mediation is usually more cost effective than litigation. Costs are typically shared equally between the disputing parties and are lower due to the reduced time needed to resolve the dispute
- Mediation is strictly confidential and therefore anything discussed during the mediation process cannot be used in future court cases that may arise
- Because the settlement is mutually agreeable, there is a high level of compliance with mediated agreements
- During mediation, the parties retain control of the process and are able to reach ‘creative’ settlements not available in litigation
- Mediation agreements are binding on the disputing parties and enforceable in law
- The disputing parties’ legal rights are not affected if the mediation does not conclude with a mutually agreed settlement
About the scheme
Any British Marine member who is in a dispute with a customer or other business is entitled to use the mediation scheme. The scheme is run by independent mediation service providers.
How much does it cost?
There is a flat-rate charge of £375 per party for the ‘standard’ mediation. This includes VAT and in most cases, the cost of accommodation. The fee is irrespective of the amount of work involved or the complexity of the dispute.
How long does it take?
The complete process should take less than a month. The scheme allows for three and a half hours for a standard mediation, which should be more than adequate. However at an additional cost, it is possible to extend the time if required.
Who should I contact?
Click here to request a mediation form and for contact details of the mediation providers.