Mediation

Mediation - what is it?

Mediation is a cost effective, quick way for parties to resolve disputes between themselves with the assistance of an impartial third party, the Mediator, without involving Courts or Arbitrators. It can take hours, not days and weeks.

The Mediator is independent and will not impose terms of settlement but can make suggestions and test the parties cases with them.

During the Mediation, the parties are able to air issues and options without anything being repeated outside the Mediation. This allows different avenues to be explored without any concessions being made should the Mediation be unsuccessful. It is all "without prejudice".

The process of Mediation varies but generally it will follow this type of course:

1. Parties agree to mediate and a brief outline of the issues is drawn up by the parties.
2. The Mediator is appointed based on the issues in the outline.
3. The parties sign the Mediation Agreement and pay the advance fees (generally 50% and on a joint basis).
4. The timetable is agreed.
5. The parties exchange and submit to the Mediator their Position Statements and any supporting documents (generally these will be restricted in size and number). Should a party also wish to submit a Statement or documents that will not be shown to the other side, they can do so.
6. The parties attend the mediation.
7. When an agreement is reached Heads of Agreement are signed. If there are Court proceedings, a Court Order is generally agreed.

Who are mediators

We have a number of Mediators who are accredited by authorising organisations. We also have trained Mediators recognised in various disciplines of law. Furthermore, LA has its own accredited training course and will often request parties who have agreed to mediate to allow a Student Mediator to attend the Mediation with the appointed Mediator.

Our accredited Mediators are:

David Herbert
Michael Giddins
Timothy Ford
Simon Stone

Our trained Mediators are:

John Randle
Jane Porter
Geoff Thomas
Vicky Jones
Damian Vaile
Russell Kelly
Linda Jacques
Jeremy Mills

Cost of Mediation at LA

We provide the quality of advice that City training gives at a regional cost. Our belief is in forging business relationships for the long-term. That philosophy comes with the benefit of having dealt with all scales of litigation on a local, national and international basis. Full use is made of technology in reporting and case handling.

We are able to host mediations sessions at any of our offices or can come to a venue of choice. Whatever suits the circumstances.

Hence, cost structures need to be clear and transparent so the focus can be on resolving the dispute:

Who pays?

We suggest that the parties should agree to sharing the cost of fees 50%/50% but other ratios are viable. The Mediation Agreement, when signed, makes the parties jointly and severably responsible to pay all of the fees.

Key People

Michael Giddins Head of Team

David Herbert Partner

Michael Veal Partner