Unresolved disputes can cause ongoing stress and uncertainty. As a new year begins, mediation and litigation are established routes for resolving disagreements. Mediation offers a confidential, faster and often more cost-effective way to reach agreement, while litigation provides a formal, enforceable court decision when negotiation fails. Understanding the differences helps you choose the right approach and move forward with confidence.
The start of a new year is often when people take stock. Lingering disputes, whether personal or business-related, have a habit of resurfacing just when you want a fresh start. Seeking early advice and choosing the right resolution method can prevent problems from escalating and help you focus on what matters most in the year ahead.
New year, old disputes
Disputes are rarely convenient. A disagreement with a neighbour, supplier, business partner or former client can remain unresolved for months, quietly draining time and energy. Left unchecked, issues can become entrenched, making resolution harder and more expensive later on. Addressing matters early in the year can prevent last year’s problems from shaping this year’s plans.
What is mediation?
Mediation is often a sensible first step for many disputes. It involves an independent mediator helping both parties discuss the issues and explore solutions in a structured but informal setting.
Why mediation is often attractive:
- Confidential process, discussions cannot usually be used in court later
- Faster than litigation, often resolved in days or weeks rather than months
- Lower overall cost compared with court proceedings
- Flexible outcomes, parties control the solution rather than a judge
- Less adversarial approach, helping preserve working or personal relationships
Mediation works particularly well when both sides are willing to engage and seek a practical compromise.
When litigation may be necessary
Litigation means resolving a dispute in court. While it is not always the first choice, it can be essential in certain situations.
Litigation may be appropriate where:
- The other party refuses to negotiate or engage in mediation
- There is a clear breach of contract or legal duty
- Significant sums of money or important rights are at stake
- You need a binding and enforceable court judgment
Court proceedings can be time-consuming and costly, but they can also provide finality when agreement is not possible.
Weighing up the pros and cons
Every dispute is different, and there is no one-size-fits-all answer.
A useful way to assess your options:
- Is the dispute based on a misunderstanding or communication breakdown? Mediation may resolve it quickly.
- Has there been a repeated failure to meet obligations or acknowledge responsibility? Litigation may be justified.
- Do you need to maintain a relationship with the other party? Mediation is often less damaging.
- Is time or cost a key concern? Mediation is usually quicker and cheaper.
It is also important to note that trying mediation does not prevent you from pursuing litigation later if mediation is unsuccessful.
Getting the right guidance
Choosing the best route can feel daunting without advice. Speaking to a solicitor early allows you to understand the strength of your position and the likely outcomes of each option.
A litigation solicitor can:
- Assess your case and explain risks and prospects
- Advise whether mediation is appropriate
- Recommend a suitable mediator where helpful
- Ensure any settlement is properly documented and legally binding
- Act decisively if court proceedings are required
Peace of mind in 2026
Resolving a dispute can lift a significant weight. Whether through mediation or litigation, taking action often brings clarity and relief. Ignoring problems rarely makes them disappear.
If you are carrying unresolved issues into the new year, early advice can make all the difference. Pomphreys can help you explore your options and work towards a practical resolution. If you would like to discuss your situation or take the next step, please get in touch with the team for a confidential chat.
Frequently Asked Questions
Do I have to try mediation before going to court?
Not always, but courts often expect parties to consider alternative dispute resolution. Refusing mediation without good reason can have costly consequences later.
Is mediation legally binding?
The discussions themselves are not binding, but any agreement reached can be recorded in a legally binding settlement.
How long does mediation usually take?
Many mediations are completed within a single day, although preparation and follow-up can take a little longer.
What if mediation fails?
If no agreement is reached, you can still pursue litigation. What was discussed in mediation is usually confidential.
Is litigation always expensive?
Costs vary depending on complexity and length. Early advice helps manage risk and avoid unnecessary expense.
This article is by Iain Wilson
Iain Wilson, Partner
Iain Wilson graduated from Glasgow University with honours. He joined Pomphrey’s in 1997, becoming a Partner in 2004.
Iain deals with all civil court matters and specialises in Family Law, Divorce, Separation, Matrimonial and cohabitation claims, and Contact and Residence orders in relation to children.
Tel: 01698 373365
Email: icw@pomphreyslaw.com
