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Breaking the Litigation Habit: The Need to Fully Embrace Mediation

Writer's picture: Stuart LawrenceStuart Lawrence


In a legal landscape that increasingly values efficiency, cost-effectiveness, and client satisfaction, it’s surprising that mediation, a proven tool for resolving disputes, is not more widely utilised. While litigation remains the dominant approach, the time has come to ask whether this habit serves all parties’ best interests.


Litigation’s Long Shadow


Litigation has long been the cornerstone of dispute resolution. Its structured processes and clear outcomes provide a sense of security, making it a natural choice for many legal professionals and clients alike. It’s what lawyers are trained for, and it’s where their expertise often shines.

However, this reliance on litigation can sometimes lead to a lack of exploration into alternative solutions, like mediation. Mediation offers a fundamentally different approach: one rooted in collaboration, creativity, and compromise. For some, this shift may feel like uncharted territory, but it opens the door to faster, more amicable resolutions that litigation often struggles to achieve.


Misconceptions About Mediation


Part of the challenge lies in how mediation is perceived. Some view it as a softer option, unsuitable for complex or high-stakes disputes. Others believe it lacks the certainty that a court ruling can provide. These views are not only outdated but also fail to reflect reality.

Mediation has been successfully used in cases involving significant financial, legal, and emotional stakes. It allows parties to shape solutions tailored to their needs, something courts can’t always do. Moreover, mediation often preserves relationships, whether personal, professional, or commercial, which litigation permanently damage.


Financial Realities in Dispute Resolution


It’s impossible to ignore the financial dynamics of dispute resolution. Litigation, with its extensive preparation and lengthy processes, generates significant fees for law firms. Mediation, by contrast, is quicker and more cost-effective, an attractive option for clients but one that may lead to less revenue for firms.

This financial aspect doesn’t mean lawyers intentionally steer clients toward litigation at their expense. Instead, it reflects how entrenched litigation is in the legal system. However, lawyers who recommend mediation where possible demonstrate a commitment to their clients’ best interests. In doing so, they not only enhance their reputation but also strengthen trust and long-term client relationships.


Changing the Narrative


To increase the use of mediation, the legal profession must shift its perspective. Mediation should not be seen as a secondary or lesser option but as a valuable alternative for resolving disputes. Law schools can play a role by incorporating mediation training into their curriculums, while firms can foster a culture that prioritises problem solving over procedural rigidity.

Judges, too, have the power to encourage change by increasingly promoting mediation as a crucial step before trial.

When clients see the legal profession embracing mediation, they are more likely to trust its efficacy.


Conclusion


Mediation offers an opportunity to resolve disputes in a way that is faster, more cost-effective, and less acrimonious than litigation. While litigation will always have its place, it’s time for the legal profession to expand its toolkit. Embracing mediation is not about abandoning tradition, it’s about evolving to meet the needs of modern clients and a changing world. It’s time to break the litigation habit and unlock the full potential of mediation.


Ultimately, the question is not whether we can afford to use mediation, it’s whether we can afford not to.


At Mediator Locator, we help resolve disputes by locating and appointing suitable mediators from our panels. With 11 prestigious law firm partners and 27 skilled legally qualified mediators across the UK, we cover all aspects of dispute resolution, including Commercial, Civil, Construction, Contractual, Property, Family, Employment, and much more. 


Don’t wait… mediate.





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