"Mediation is a fast, cost-effective and efficient alternative to going to court in which 75% of cases result in agreement in a single day, a further 15% will find resolution shortly thereafter."
Mediation gives the parties – not a judge - control of the outcome.
The courts now expect the parties to mediate and treat litigation as a last resort – see Order 1 of the Rules of the Court of Judicature (NI) 1980.
The consequences of an unreasonable refusal to mediate for a party – even for the winning party to litigation – will be a reduction of legal costs.
The consequences of a failure to properly advise a client about mediation is likely to result in being sued for professional negligence.
Mediation is ‘without prejudice” – private and confidential – so the terms of agreement will not be made public except with the consent of all the parties.