In almost any dispute which is otherwise bound for detailed assessment, the sensible first step is to consider whether the costs can be resolved by mediation rather than by going to court.
Mediation is a confidential and informal process at which parties engage the services of a mediator to assist them in settling their costs dispute by agreement on a full and final basis.
CADR’s mediators are all specialist lawyers who have unrivalled knowledge and experience in costs law.
Their role at a costs mediation is to play devil’s advocate, to challenge, to “reality-test”, and to assist the parties in reaching a settlement by helping them to understand why they have been unable to bridge the gap through conventional discussion.
Thus mediation is not about winning or losing, but about finding a solution which all parties can live with. Mediation has numerous advantages over a fully contested detailed assessment. It is cost effective, confidential, can be arranged at short notice, and at all times, the parties are in control.
That is in stark contrast to the court where the judge, the venue, the date and the duration are all controlled by the court service.
CADR mediations have a high success rate and even where settlement is not achieved on the day, disputes are often resolved within a short time thereafter.
