Most civil disputes settle, and mediation is one of the main ways clients get there — faster, cheaper, and more privately than a trial. As a solicitor you will advise clients on whether to mediate, manage the costs risks of saying no, protect what is said in the room, and make sure any deal struck actually holds and can be enforced. Getting this right is everyday practice, and getting it wrong can cost your client dearly even when they win.
This lesson builds that knowledge step by step:
- Nature and Suitability of Mediation — what mediation is, the mediator's role, and when it is the right tool for a dispute.
- Solicitor's Duties and the Court's Role — your duty to advise on ADR, and the court's powers to order, encourage, and stay proceedings for it.
- Costs Consequences of Refusing Mediation — the sanctions for an unreasonable refusal, and how to refuse safely.
- Confidentiality and the Without Prejudice Rule — the two protections that let parties speak freely, and their limits.
- The Settlement Agreement — how a mediated deal becomes a binding contract, and when it can be set aside.
- Enforcement Through Court Orders — using consent and Tomlin orders to make a settlement enforceable when a party defaults.