When dealing with complex rural based disputes, whether of a property, family or commercial nature, the question of whether the case should be mediated is an important consideration that should be thought about at the outset. Indeed, getting a clear understanding of what a mediation would involve is important in deciding whether it could help a case or not.
In short, mediation is a process in which the parties jointly instruct a trained mediator to work with them to try and resolve a dispute without the issue being determined by the court. The mediator is simply there to try and facilitate an effective dialogue between the parties.
Whilst the prospect of litigation often needs to remain as a last resort, finding a resolution through mediation can have many positive benefits and include:
In my experience, there are few cases that are not suitable for mediation at some stage and more often than not the real issue is one of when, not if, the process should be undertaken. Having legal representation that understands fully how the process works can make all the difference in getting the best outcome possible.