How does mediation help if you’re in debt?
By Mr Bankruptcy
24th April 2023
If you haven’t considered mediation as a means of dealing with debt, it could be the solution that helps you to find an effective and timely resolution to debt issues.
What is mediation?
Mediation is a method of Alternative Dispute Resolution in which an independent and neutral third-party facilitates communications between the parties in dispute so that they can work together to reach a settlement over outstanding debt.
A mediator won’t provide advice but will create an environment through effective communication that allows parties to work together to arrive at a mutually agreeable solution.
How does mediation support debt resolution?
The specific arrangements of mediation and the introduction of a neutral third party enable the process to work in a number of ways:
- It can resolve disagreements about debt more quickly than going through court proceedings.
- It’s also less costly than going to court and is a more affordable option that’s available to everyone, so that no one needs to manage debt issues without support.
- Mediation allows all parties to state clearly their position and to clarify the issues and priorities so that parties are better informed to find possible ways to resolve an issue.
- It is a voluntary process and a great first step which shows that all parties want to reach an agreement – a positive starting point.
- It’s done in a less intimidating environment that a court, so it facilitates open and honest conversation.
- Mediation can be entered into without the fear that it can prejudice potential court proceedings; conversations are confidential and entered into on a “without prejudice” basis. This means all possible avenues can be explored.
- The final decision will be in the hands of the parties in dispute, so they have greater control of the outcome than relying on a judgement in court.
- A positive mediation process can preserve or repair relationship between parties.
- Once agreed, the outcome of mediation is legally binding so all parties can move forward confident that the agreed solution will be carried out.
Is debt mediation right for me?
For debt mediation to have a chance of success, all parties need to enter into the process open to reaching a settlement; this is likely to mean a compromise. If any party feels they have a strong case, they may not want to pursue mediation, confident that a court ruling would find in their favour.
Despite this, mediation is always worth considering as a quicker way to resolve issues in everyone’s interest. If you would like to learn more about how mediation could help you to resolve your debt matters, you can learn more about mediation here, or contact us for a no-obligations conversation.
James Rosa Associates
James Rosa associates is a firm of debt advisors, mediators and debt adjustors. With a supportive and friendly approach, we offer a full range of advice and professional services to individuals and business owners/directors who face unmanageable debt or who are involved in civil or commercial disputes. Our services include:
We are authorised and regulated by the Financial Conduct Authority (FRN665061) to work with clients to produce bespoke solutions to fit their specific circumstances.
Find out if you qualify for a free consultation
If you want to deal with an unmanageable debt, or bring a dispute to a swift and cost-effective resolution, contact James Rosa Associates, ring 0845 6807217 or email enquiries@jamesrosa.co.uk to find out whether you qualify for a free consultation.
Please be advised that all views expressed in these posts are those of the author and not of James Rosa Associates ltd.