Higher value costs disputes are perfectly suited to settlement by mediation
Mediation is used to resolve costs disputes more than any other type of dispute. That is because almost every civil and commercial mediation, including personal injury and clinical negligence disputes, involve a mediation of the costs as well as the substantive issue. Costs are settled by negotiation or detailed assessment hearing. If the usual methods of negotiation have not worked then the intervention of a skilled mediator my help the parties avoid the expense and delay of going to court.
CPR encouragement
Costs disputes are governed by the Civil Procedure Rules. That means litigation – detailed assessment – should be a last resort and the court has a duty to encourage the parties to use mediation as an alternative method of resolving the dispute.
Mediation Settlement Meeting or Telephone Mediation?
The question of proportionality will usually make the answer to this question obvious. Telephone mediation is cheaper than a mediation settlement meeting so will be more appropriate for lower value disputes. Disputes involving a litigant-in-person – perhaps challenging a bill under the Solicitors Act – will probably be more successful with all the parties meeting together.
Back to mediation services.
