Written by: Amani Mahmoud, Foreign Qualified Associate Solicitor
Reviewed by: Saracens Solicitors Dispute Resolution Team
Most Civil Disputes Settle Before Trial
If you have watched A Few Good Men, Suits or Legally Blonde, you might assume that every legal dispute ends with a dramatic courtroom showdown. However, the reality is very different.
If you are involved in civil litigation, there is a strong chance that your case will settle before it reaches trial. Research suggests that approximately 90-95% of litigated cases are resolved before a final hearing, often through negotiation or alternative dispute resolution methods such as mediation.
This means that even if court proceedings have started, you may never need to appear before a judge.
Expert Legal Commentary From Our Solicitors:
“Many people assume that civil litigation will end in a courtroom trial. In reality, most disputes in the UK are resolved before reaching a final hearing through negotiation, mediation, or other forms of alternative dispute resolution (ADR).” – Amani Mahmoud, Associate Solicitor
What Is Alternative Dispute Resolution (ADR)?
Alternative Dispute Resolution (ADR) refers to methods of resolving disputes without a trial.
ADR can take various forms, including:
- Mediation
- Negotiation
- Early neutral evaluation
- Settlement discussions
- Part 36 offers
The courts actively encourage parties to consider ADR before proceeding to a final hearing, as it can save significant time and legal costs.
What Is Mediation?
Mediation is one of the most common forms of ADR in the UK.
During mediation, both parties meet with an independent and impartial mediator whose role is to help facilitate discussions and explore whether a settlement can be reached.
Importantly, a mediator is not a judge. They do not decide who is right or wrong and cannot force either party to accept a settlement. Instead, they help identify areas of agreement and encourage constructive negotiations.
Why Do Courts Encourage Mediation?
Since the introduction of the Civil Procedure Rules, courts have consistently encouraged parties to explore settlement opportunities before trial.
There are several reasons for this:
- Lower legal costs
- Faster resolution of disputes
- Greater control over the outcome
- Reduced stress and uncertainty
- Preservation of business or personal relationships
A negotiated settlement may involve compromise, but it allows parties to retain a level of control that is not available once a matter reaches trial.
At a hearing, the outcome is entirely in the hands of the judge.
Is Mediation Confidential?
One of the key advantages of mediation is confidentiality.
Anything discussed during mediation is generally private and cannot be disclosed outside the process. Discussions held during mediation also cannot usually be relied upon later in court if the matter proceeds to trial.
This confidential environment often allows parties to have open and honest discussions without concern that their comments will later be used against them.
What Happens During a Mediation?
Many people are surprised to discover how informal mediation can be.
Mediations can take place:
- In person at solicitors’ offices or other venues
- Virtually by video conference
Typically, each party has a separate room and is accompanied by their legal representative.
The day usually begins with introductions from the mediator and, where appropriate, an opening meeting involving both parties. During this session, the mediator explains the process and manages expectations for the day.
Following this, the parties return to their separate rooms while the mediator moves between them to discuss positions, exchange offers, and explore possible settlement terms.
How Long Does Mediation Take?
The length of a mediation depends on the complexity of the dispute.
Some mediations conclude within a few hours, while others may last a full day or continue over multiple sessions.
Throughout the process, offers and counteroffers can be exchanged, and your legal representative can advise on:
- The strengths and weaknesses of your case
- Litigation risks
- Potential costs consequences
- Settlement proposals
What Happens If a Settlement Is Reached?
If the parties reach an agreement, the terms will usually be recorded in a legally binding settlement agreement.
Additional commercial or practical terms can often be negotiated as part of the settlement process, allowing for more flexible outcomes than a court judgment may provide.
What Happens If Mediation Fails?
Not every mediation results in an immediate settlement.
However, an unsuccessful mediation does not mean settlement discussions must end. Negotiations can continue after the mediation, and legal representatives may continue discussions by telephone, correspondence, or by making a Part 36 offer.
If no agreement can be reached, the litigation process simply continues and the matter can proceed to trial.
Crucially, attempting mediation does not affect your right to pursue or defend a claim in court.
Need Advice About Mediation or Civil Litigation?
If you are approaching a mediation or are involved in a civil dispute, obtaining legal advice at an early stage can help you understand your options and negotiate from a position of strength.
The litigation team at Saracens has over 35 years of combined experience and has successfully resolved hundreds of disputes through settlement, negotiation and mediation. We can provide advice, support and representation throughout the mediation process.
Contact Saracens today to discuss your dispute and explore whether mediation could help you achieve a faster and more cost-effective resolution.
