IT IS time for lawyers to put their words into action and increase the use of mediation in commercial disputes - according to research released by Management Partners Merseyside.
LDP Legal asked leading lawyers their views on mediation.
Click here to read what they said.
Tom Handley, director of chambers, Exchange Chambers
The use of mediation for resolving disputes other than in family and employment law matters has already been the subject of intense debate but does not appear to have gained anywhere near the practical relevance which, for example, commercial mediation enjoys in the US.
"Anyone who litigates will be interested in what the Master of the Rolls recently had to say, namely that parties should be encouraged and perhaps directed to engage in mediation.
"This was almost a call for compulsory mediation but, although there is a lot of good PR associated with mediation, our experience suggests that it is not being put into practice often enough."
Colin Gibbons, partner and head of commercial litigation at Halliwells' Liverpool office
"Some lawyers and their clients will use mediation as just another procedural step in a war of attrition aimed at piling on pressure stacking up legal costs - wasting management time and gleaning useful information about the other side's position.
"However, if you instruct lawyers with plenty of experience of the mediation process it is a very effective and cost efficient method of resolving even the most complex and aggressive cases, at an early stage in a controlled way."
Rhys Clift, partner at Hill Dickinson
"Mediation will become an integral part of the Civil Justice System, just like disclosure or the appointment of experts. Although there may be compelling reasons not to mediate in some cases, for example, where a precedent is genuinely essential, in the vast majority of cases it has enormous scope."
Patrick Gaul, managing partner at Weightmans
"Let's not forget that mediation has been with us for a long time. In the right case, particularly where there are more than two parties involved, it can be a very effective way of resolving disputes."
Paul McCord, partner at EAD Solicitors
"Mediation is available at any time and more importantly can be utilised before a dispute escalates. It also has advantages over and above matters of costs. While court actions are matters of public record, discussions and negotiations of mediations are confidential and this is the case either before or after any parallel court action is started.
"In addition, settlements or even mediation can address factors which may not be within the ambit of a court-determined outcome. For example, commercial considerations which, while important to the commercial or private client, are not something which a Judge would consider."