Mediation and the “f” word. By Phil Southall
Mediation is commonly used to help settle commercial disputes, but in cases where there are allegations of fraud, there can often be a reluctance to mediate. Phil Southall, forensic consultant director for FAR Consulting, considers the implications of this trend for both parties and why mediation could still be an appropriate option.
Pursuing a case to trial is a lengthy and costly process. Legal fees can be significant, and the distraction caused by litigation which prevents management from running the business can represent a significant intangible cost to the parties involved.