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DAVE OWEN 

BSc, DipArb, ARTPI, FCIArb, FRICS, IMCOB, MAE, MAPM, MAS, MCM, MCMC, MFMA, MRJC, MSCL, MSCMA, MTCPA, MUKRM, QDR

I am an Accredited Mediator (by ADR Group, AoE, CIArb, CEDR and RICS)  for civil/ commercial, employment/workplace and family disputes

Having originally qualified as a chartered surveyor in 1977, and been a property developer and investor for over 30 years, I have had my share of disputes.

I quickly learned that conflict is part of daily life in business and for many, many years I could not see an alternative, short of “going to court”.

Then I “found” mediation.  Mediation is a quick, relatively cheap way of resolving disputes.  I prefer to refer to a dispute as a problem  -  people like to solve problems, and a solution can be found more easily.  It is not an easy process, but it is far less painful (in financial terms) and less stressful than court proceedings.

Disputes that have lasted for years or more can be successfully mediated in less than an average working-day.  Most importantly, mediation allows “creative” solutions, as opposed to a court decision, which can only find in favour of one party or another, or split a claim/counterclaim for damages somewhere between the parties’ respective figures.

The earlier a mediation takes place, the more likely it is to succeed, because the parties are likely to be less entrenched and it is less likely that the legal costs already incurred will inhibit a settlement.

Even if an agreement is not reached “on the day” the mediation can continue informally, with the mediator seeking to ensure that the parties focus on a solution, rather than committing time and expenditure unnecessarily in preparing for court.

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