ADVICE & INFORMATION
Can mediation help avoid litigation? T
he government’s pledge to use Dispute Resolution (DR) in all its departments, when appropriate, instead of litigation is a move to make processes like mediation more mainstream.
The commitment builds on the original pledge to use Alternative Dispute Resolution (ADR), which is estimated to have saved the taxpayer around £320 million since 2001.
The Government is now looking at a similar commitment for the private sector. Senior civil servant for the Ministry of Justice (MOJ) Jeremy Tagg said that mediation, alongside other forms of DR were going to be placed “centre stage” of the justice system.
‘Mediation is just another form of settling out of court... just at an earlier stage’
Mr Tagg also said that the MOJ and Department for Business and Innovation were working on the pledge for businesses to be announced later this year.
But does mediation make sense as an alternative to litigation for businesses? We asked some experts:
“Most commercial cases go to ‘out of court settlements’. These are negotiated on behalf of a business, usually quite far down the track at great expense. Mediation is just another form of settling out of court, just at an earlier stage, without the bad press.”
James Durie, Director of the Initiative and Chamber – Bristol
“When handling change within companies, tension racks up. We faced a nasty dispute. Our in-house counsel recommended mediation – it meant we could just settle the thing over the table with assurance that we were getting a fair deal.” Richard Hallingwurst, CEO of Halling Ways Exports
“The key for businesses is that they know mediation has worked for all scales of commercial disputes for over 22 years in the UK. Their legal rights won’t be affected and any information disclosed during the process cannot be later used against them in Court... it’s 100 per cent confidential”
Charles Hamshaw Thomas, Ex-Head of Legal Imperial Tobacco
What do you think? To join in discussions see the LinkedIn group Business West or visit Mediation in Business on Twitter @Mediation_inBiz
You can also listen to Jeremy Tagg’s video at
www.mediationinbusiness.co.uk
For more information on how mediation can help you, call Mediation in Business on 01275 378873.
ADVERTISEMENT FEATURE
WHAT’S STOPPING START-UPS?
NatWest’s Business Banking Regional Director for Bristol and South Wales, Kevin Morgan (pictured), considers why 24% of South West small business owners are throwing in the towel in the early stages of a start up.
“Research by NatWest and small business website
Smarta.com has revealed that many South West small firms struggle early on because they don’t have the right tools in place to run their business effectively. With latest figures showing business failures outnumbering business births for the first time, offering more support to start-ups could be key to economic recovery. NatWest and Smarta have joined with Dragons’ Den star Theo Paphitis to launch Smarta Business Builder, a new online toolkit, providing first time entrepreneurs with the key components needed to develop and grow. “Of those South West small businesses surveyed only 21% - the lowest figure in the UK - stated that cashflow was one of their most significant challenges in their first year of trading. However, many local businesses risk failure by simply running out of cash as 32% admit they overestimated their sales and 44% underestimated costs. With business builder these small firms will have an accurate picture of money coming in and going out at any time.” “Smarta Business Builder provides accounting software, business planning tools and templates, a website builder to create fully-functional e-commerce websites, bespoke legal documents, personalised and professional email and a 24hour legal helpline.” “Our research shows that many businesses in the UK are at a disadvantage because they are operating without an accountant, legal support or business plan in their first year. Alarmingly one of the key reasons given for this is because they do not know where to start. We are very much committed to supporting start-ups and business growth and Smarta Business Builder will prove to be an important tool in our locker.”
Kevin leads a team of 79 relationship managers who work with SMEs from start up to a turnover of £2 million. For more information on how Kevin and his team can help you realise your business ambitions please contact him on 07500 066402 or
Kevin.morgan@
natwest.com
Source: Office of National Statistics – December 2010.
For more information
www.smarta.com/businessbuilder www.natwest.com/smarta
Business West Update SEPTEMBER/OCTOBER 2011 9
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