Deciding when and whether to mediate a client’s case can be a delicate balance. There are times though – and I don’t just mean those occasions where you feel that litigation may not be the best option – when mediation can complement your practice.

For example, when a relationship client is more likely to thank you for avoiding litigation, or where the amounts involved are relatively small and litigating isn’t likely to be a cost-effective option. In those sort of cases, clients will appreciate you delivering a quick, commercial result – just as they will if conventional legal remedies could take too long or don’t offer what they want.

Mediation can also make sense where emotions are involved and the most effective way of sorting out a dispute entails getting to the heart of the problem. Maybe the parties don’t want what, to you, looks like an obvious solution, or despite your concerns about a case, your client wants their ‘day in court’.

Sometimes, part of the problem is that the other side simply won’t listen. Either because they are convinced they are right, or because they don’t understand what solutions are, or aren’t, possible, particularly if they aren’t familiar with your client’s business. If a quiet word with their lawyers doesn’t do the trick, it could be time to introduce someone independent to give them a private dose of reality.

Mediation can also be the answer when a client’s dispute involves overseas parties, especially if the alternative involves suing or enforcing abroad.