New centre aims to solve disputes

A NEW Yorkshire mediation centre is helping growing numbers of companies and individuals to resolve their differences without the expense and uncertainty of going to court.

The Leeds Mediation Centre, based in the offices of Brooke North solicitors in Leeds, opened in late 2009 and has already helped to settle disputes from around the UK.

The centre's development has been driven by Richard Stockdale, the head of the commercial dispute resolution and construction team at Brooke North.

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He is also an accredited mediator with the Centre for Effective Dispute Resolution, an independent not-for-profit organisation which works globally to reduce the cost of legal disputes.

"There was no dedicated facility in the middle of Leeds that allowed people to do this,'' Mr Stockdale said. "The great advantage for the parties (involved in mediation) is that they are in control of the process.

"If they go to court, they are in the hands of their lawyers. Obviously, the lawyers will each do the best they can for their clients.

"In the end, it comes down to the decision of the judge, and how he sees the case. You're not in control of the situation. In mediation, you are because nobody can make you do anything. Nobody can impose an outcome on you. You either agree something, or you don't.

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"The courts are keen for mediation to be used more frequently, it's part of cost control. The courts encourage mediation from an early stage in the case."

Mr Stockdale stressed that any type of dispute can be mediated, provided both sides were willing to compromise.

He added: "We've had building disputes – they have been substantial disputes over the value of works to be carried out and who is going to have to pay for them.

"We've had a professional negligence claim by trustees of a pension fund against their pension investment advisers. We've also had a negligence claim against solicitors, and a partnership dispute between dentists. There's no limit to the type of dispute that can be dealt with in this process.

"Mediation has a very good success rate. Nationally, it is still well above 70 per cent."

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