Disputes happen — whether it’s over money, contracts, property, or personal relationships. But when negotiation fails, how should you proceed? Many people assume they’ll need to go to court, but litigation isn’t always the best first step. In many cases, mediation can offer a quicker, cheaper, and more cooperative way to settle disputes.
How can you determine whether mediation or litigation is the right path for your dispute? In this blog, we’ll compare both options, explain their pros and cons, and help you choose the right method for resolving your civil dispute in the UK.
What Is Mediation?
Mediation is a voluntary, confidential process where a neutral third party (the mediator) helps both sides reach an agreement. The mediator doesn’t take sides or make decisions — they simply guide the discussion and help find common ground.
Mediation can be used for:
- Contract and business disputes
- Neighbour or landlord–tenant issues
- Family disputes (e.g. financial or parenting issues)
- Workplace disagreements
It’s often used before or during court proceedings and is strongly encouraged by UK courts for civil cases.
What Is Litigation?
Litigation is the formal legal process of taking a dispute to court. It involves filing a claim, going through legal procedures, and presenting arguments and evidence before a judge (or jury in rare civil cases).
Litigation is suitable when:
- One party refuses to cooperate
- Legal rights need to be enforced
- The dispute involves large sums or serious matters
- There’s no willingness to settle informally
Litigation is sometimes unavoidable, but it often involves high costs, long timelines, and significant stress.
Key Differences: Mediation vs. Litigation
| Feature | Mediation | Litigation |
|---|---|---|
| Cost | Usually lower | Often expensive (court fees, legal costs) |
| Speed | Can be resolved in days or weeks | May take months or years |
| Privacy | Confidential | Public record |
| Control | Parties control the outcome | Judge decides outcome |
| Legally Binding? | Only if made into a written agreement | Always binding by court order |
| Formality | Informal and flexible | Strict legal procedures |
Advantages of Mediation
When Is Mediation Not Suitable?
Mediation may not be appropriate if:
- One party refuses to cooperate or negotiate
- There’s a power imbalance (e.g., domestic abuse cases)
- You need an urgent injunction or restraining order
- The other side won’t disclose key information or documents
- The dispute involves serious fraud, dishonesty, or legal rights that must be clarified in court
Mediation is most effective when both parties are willing to negotiate. If the other side refuses to engage constructively, pursuing litigation may be necessary.
What Happens If You Ignore Mediation?
Courts in the UK encourage parties to resolve disputes early through negotiation or mediation—a requirement known as the pre-action protocol.
If you unreasonably reject mediation, the judge may respond by:
- Limit how much of your legal costs you can reclaim, even if you succeed.
- Award costs against you, especially if the court feels you acted unreasonably
- Question your conduct during proceedings
So while mediation is voluntary, dismissing it entirely can have financial and legal consequences later. Always speak to your solicitor before declining mediation.
Advantages of Litigation
Which Option Should You Choose?
Here’s a general guide to help you decide:
| Situation | Recommended Option |
|---|---|
| Minor contract or consumer dispute | Mediation |
| Ongoing business or personal relationship | Mediation |
| Dispute involving dishonesty or fraud | Litigation |
| Party refuses to communicate or cooperate | Litigation |
| Claim under £10,000 (Small Claims) | Mediation first, then court if needed |
| Urgent legal remedy required (e.g., injunction) | Litigation |
Still unsure? A civil dispute solicitor can review your case and advise whether to mediate or litigate.
Can You Start with Mediation and Then Go to Court?
Yes — and in fact, this is common. Many disputes begin with mediation. If it fails, you can still escalate the matter to court. Courts also encourage parties to settle at any stage of litigation.
Importantly, refusing to consider mediation without good reason can affect your case. The court may reduce your cost recovery or rule against you on costs, even if you win the main claim.
Legal Support During Mediation or Litigation
You don’t have to go through mediation or court alone. A civil litigation solicitor offers support and expertise at every stage, including:
- Evaluating your legal position
- Drafting letters and settlement proposals
- Advising on offers made during mediation
- Representing you during mediation sessions or hearings
- Preparing court documents and evidence
- Advocating for you at trial
At Westwing Solicitors, our dispute resolution team works to achieve fair outcomes, whether through skilled negotiation or confident litigation.
Conclusion
When it comes to resolving a civil dispute, the right approach depends on your goals, the nature of the dispute, and the willingness of both parties to cooperate. Mediation can save time, money, and stress and often leads to solutions that keep relationships intact. But when the stakes are high or the other side won’t engage, litigation ensures your legal rights are enforced by the court.
Whatever your circumstances, the key is getting expert legal advice early. At Westwing Solicitors, we’re here to help you resolve disputes with clarity, strategy, and confidence.
Not sure whether mediation or litigation is right for you? Our civil litigation solicitors can help you choose the best path and protect your interests.
FAQs: Mediation vs. Litigation
Q1: Is mediation legally binding in the UK?
Q2: Can I skip mediation and go straight to court?
Q3: Do I need a solicitor for mediation?
Q4: What if we agree in mediation but the other person doesn’t follow through?
Q5: Which is cheaper - mediation or litigation?
