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Mediation or court: how to choose — Articles

Before issuing a claim, you must consider whether another route would resolve the dispute faster, cheaper, or with less damage to a relationship you want to keep. Mediation and court are the two most common alternatives — here is how they compare.

Cost

A small claims court fee for a £5,000 claim is £205. Mediation for the same dispute typically costs £300–£600 per party for a half-day session. For larger disputes, both costs scale up, but court costs scale much faster once legal representation is involved.

Time

A small claims hearing can take six to twelve months from issuing a claim to judgment. Mediation can be arranged within weeks and a session usually lasts one day.

Control

In court, a judge decides. In mediation, you decide — nothing is imposed without your agreement. If mediation fails, you can still go to court. A mediated settlement is contractually binding once signed.

When court is better

When you need a binding decision the other side cannot ignore, when the other party refuses to mediate, or when you need to set a precedent. Courts also have enforcement powers that a mediator does not.

This article is for general information only and is not legal advice. Always check the official source and consult a qualified lawyer for your situation.

Cost

Time

Control

When court is better

Questions about this article