Legal Services

Mediation and Going to Court

Taking somebody to Court is now seen as a last resort and we always try to resolve disputes before they get that far.

In all cases that we deal with, be it large commercial disputes or small consumer claims, we are obliged by the rules of the Court to consider whether mediation, or some form of Alternative Dispute Resolution (ADR) is appropriate. In some cases, the Court may penalise the parties if they have unreasonably refused to consider ADR.

Formal mediation involves an independent third party who will encourage the parties to reach a settlement which is mutually acceptable.

In other cases formal mediation may not be necessary or appropriate and it make sense to negotiate directly with an opponent or their solicitor to try and achieve a settlement.

Sometimes however, taking a case to Court cannot be avoided. For example you may have a debt which cannot be disputed, but which the other side simply won’t pay. In that case, you will have to bring a claim in order to get a County Court Judgment. If the debt is not disputed this can be done relatively cheaply and easily. You do, however, always need to consider whether the other party has the means to pay you.

In cases where the claim is likely to be disputed, you need to consider whether it is worth taking Court action because the costs of doing so can be significant depending on the nature and complexity of the matter.

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Contact Details

Kendal Office: 114–116 Stricklandgate, Kendal , LA9 4QA T: 01539 721945

Windermere Office: 25 Crescent Road, Windermere, LA23 1BJ T: 015394 46585

J36 Rural Auction Centre: Crooklands, Milnthorpe, LA7 7FP T: 015395 67571