US vs UK - a comparison of mediation processes
The Field May 2017
Sometimes, litigation can be a necessary evil, but it is far from the only way to resolve a dispute. In this issue of The Field, barrister Ravi Aswani (St Philips Stone Chambers), lawyer Stefanie Johnston (Keoghs LLP) and Pamela Milgrim and Lewis McDonald of Skuld compare and contrast mediation in the US and the UK.
Dispute resolution - Litigation, arbitration or mediation
Alternative forms of dispute resolution are becoming far more commonly pursued, with many commercial contracts now favouring arbitration in one of its various forms over court proceedings. Mediation is another alternative dispute resolution method and the least formal and most flexible of the three main dispute resolution procedures, with the parties to the dispute very much in control of the timing and the process. It is also typically the quickest and least expensive way to resolve disputes, which clearly contributes to its increasing prevalence.
While the process of mediation is similar in all jurisdictions, there will be differences from country to country. In this article, we look at the general features of mediation in two common offshore dispute forums, the US and the UK.