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.”
Complexity, the value of any monetary or other claim, and other circumstances, are likely to be relevant.
We recognise that disputes involving public authorities can be affected by particular budgetary constraints and other special factors, and that mediation must offer value for money.
Accordingly we adopt a flexible approach to pricing. Please do get in touch to discuss specific cases.
Our public sector mediators have a wide range of experience. Find examples of cases that they have mediated here.
Explore individual mediators below or contact us to discuss the best mediator for your dispute.
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