ABSTRACT

Litigation is an extremely costly procedure. This is so not just for the parties concerned in any action who have to pay the costs of their legal representatives, but also for the state which has to provide the legal framework within which the action is taken, that is, courts, judges and other staff. This has been a great impetus for potential litigants to resort to alternative dispute resolution (ADR) and, in particular, to mediation – the use of a neutral third party to assist the disputants to reach a compromise. Most civil cases are settled at the door of the court, but by the time they arrive there, most parties have spent much time and money. Mediation aims to encourage disputants to reach such an agreement earlier. One private mediation company, Mediation UK, already mediates in over 5,000 neighbour disputes a year.