For most types of dispute, mediation is increasingly seen as the best route to resolution. Almost always quicker, cheaper and more flexible than litigation, and with strikingly high success rates, it is the preferred solution for many organisations, businesses and individuals involved in conflict.
In the public arena, for bodies carrying out public functions of whatever scale or nature, mediation offers particularly valuable advantages. Most obviously, it can save public money, protect from adverse publicity and avoid the legacy of damage to long-term relationships between stakeholders.
We explain below how mediation can be used to settle disputes involving public bodies; whether exercising public powers (eg by making a regulatory decision) or acting in a private capacity (such as a party to a contractual relationship).
In many sectors, mediation is fast becoming the dispute resolution mechanism of choice for a combination of reasons. But in disputes involving public authorities, it offers particular advantages.
It enjoys very high success rates. Latest statistics suggest that nearly 90% of mediations result (either on the day or shortly afterwards) in an agreement that, by definition, reflects an outcome acceptable to both parties.
All of which is why in its 2011 Dispute Resolution Commitment, the Government committed its departments and their agencies to treating mediation as the “preferred dispute resolution route in most cases where conventional negotiation has failed or is making slow progress.”
Our team of specialist public sector mediators all boast extensive experience in dealing with disputes involving public bodies. Not limited to mediating such disputes, many have previously acted on behalf of such organisations, and against them, both in litigation and in an advisory capacity.
This background allows our mediators to claim a true understanding of the unique range of factors that affect public bodies and their conduct, such as substantive and procedural statutory obligations, public reputation and relations, and the wider public interest. Such factors frequently act as constraints in the context of mediation, always requiring careful handling, and often demanding or precluding particular approaches to settlement.
Our mediators’ understanding of the influence of such factors explains, in no small part, why our team is at the vanguard of the development of mediation in this arena.
We deal with disputes involving all aspects of public and administrative, regulatory, local government and disciplinary law, including the following:
Judicial review
Local government
Planning
Environment
Highways
Town and village greens
Compulsory purchase
Land in public ownership
Housing
Commercial and other private disputes involving public bodies acting in a private capacityLicensing
Statutory nuisance
Public procurement
Education
Health
Police
Health
Immigration
Public sector pensions
We recognise that mediating disputes of this type can require a bespoke approach. Sensitivity to costs, the number and variety of parties or stakeholders, timing, venues and other legal and logistical factors can make mediations in this arena more difficult to arrange and deliver. Our experience means that we are well placed to offer advice and provide assistance in these respects.
Explore individual mediators below or contact us to discuss the best mediator for your dispute.
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