Mediation is a process where an independent, impartial person (the Mediator) assists people in dispute to find agreement. The Mediator in facilitative mediation encourages the participants to reach their own settlement terms that can form the basis of a binding agreement between them.
Mediation is most effective when participants focus on the present and future rather than the past. Attending a mediation wanting to "win" is not a good use of the time or money spent. Through principled negotiation, facilitated by the Mediator, parties in dispute can determine an outcome that both can live with and move forward from.
A successful mediation can mean participants avoid the escalating costs of preparing for and attending a court/tribunal hearing. It is an opportunity to settle a dispute before the costs incurred start to outweigh the amount at stake. And importantly mediation is a way to overcome disputes in a manner that can preserve any beneficial ongoing relationships between participants. Mediation is private and without prejudice, meaning what is discussed at the mediation is not to be shared with others especially the judge should settlement not be reached and the dispute is later determined in court.
Mediation is an investment for a variety of reasons. Simply attempting Alternative Dispute Resolution (ADR) through mediation can help provide protection on legal costs should the dispute end up in front of a judge. The court will expect parties to a dispute to have at least considered ADR and should one party refuse to engage they could see themselves penalised when the court exercises its discretion over legal costs. Importantly mediation offers the chance to resolve the dispute to the mutual satisfaction of the participants bringing a halt to expensive, confrontational and time-consuming litigation.
Participants in a mediation can:
- agree on the mediator
- agree on a date, venue and duration of the mediation meeting
- REMAIN IN CONTROL - choosing to agree, narrow the issues as far as possible, or walk away
- be creative thinkers and reach an agreement that is palatable to all concerned
- be flexible and even come to terms that a court/tribunal wouldn't have powers to order
- be accompanied by their legal advisers if they wish
We can offer mediation for:
- Business disputes
- Partnership/Shareholder disputes
- Commercial contracts (Business to Business)
- Business to Consumer contracts
- Consumer issues
- Goods and Services
- Boundary disputes
- Special Educational Needs
- Charity and Third Sector
- Community Mediation
- Neighbour disputes
Mel White is a Consultant Solicitor and CMC Registered civic and commercial Mediator at Clapham & Collinge Solicitors
Q. How much does mediation cost?
Q. How quickly can mediation take place?
Q. What are the formalities when in a mediation?
Q. Can we ask the Mediator for an opinion?
Q. What if the mediation is unsuccessful?
Q. To mediate do I have to be in the same room as the person I am in dispute with?
Q. When is the best time to mediate?
Q. Do we have to reach a settlement if we agree to mediation?
Amount in dispute
Each party pays (inclusive of VAT @ 20%)
£2,500 to £4,999
£5,000 to £9,999
£10,000 to £24,999
£25,000 to £49,999
£50,000 to £249,000
£250,000 to £500,000
Neighbour/boundary disputes or other disputes without a monetary value £345 (inclusive of VAT) per party.
Travel expenses: Venues located over two hours travel time (one way) will incur travel costs to be agreed at the time of booking the mediation.
Venue: Any costs associated with hiring a mutually agreed venue will need to be agreed and paid for by the participants in equal shares. Often one of the participant's legal advisers is able to offer meeting rooms. Options for venue can be discussed at the time of booking a mediation.