OUR Dispute Resolution team is finding that more and more property disputes are being mediated.

So what is mediation and what are the benefits of using it?

In all dispute cases the parties are required to consider alternative means of resolving the claim before court proceedings are issued.

Once proceedings have been issued, they are required again to consider such means.

If they refuse to do so, they could be penalised, although mediation is not yet compulsory.

Mediation is a way of trying to resolve the claim, or at least narrow the issues, using an independent mediator who is trained at trying to bring the parties together.

Mediation sits outside the court process and everything said during the mediation remains confidential and cannot be used as evidence in the court case, unless the parties agree.

This gives the parties the flexibility to be more open and constructive.

Sometimes the parties will have a joint meeting but in many cases - particularly where the parties are not on good terms - they will sit in different rooms, with the mediator going backwards and forwards between them.

Both sides get the chance to have their say to the mediator and be honest and open with their feelings and wishes.

It is more informal, and not the same as giving evidence in court.

The mediator does not decide the case; it is for the parties to reach an agreement with the mediator’s help.

That way they stay in control and do not face the risk of losing at court.

Often parties are reluctant to mediate because they think it shows weakness, or in the belief it will be a waste of time because their opponent will not concede anything.

But even the most entrenched cases can settle.

And even if the claim does not settle on the day, mediation can help lead to settlement in the future.