Mediation
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:
- Parties agree to mediate and a brief outline of the issues is drawn up by the parties
- The Mediator is appointed based on the issues in the outline.
- The parties sign the Mediation Agreement and pay the advance fees (generally 50% and on a joint basis).
- The timetable is agreed.
- 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.
- The parties attend the mediation.
- 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
- Jane Porter
- Geoff Thomas
- Victoria Jones
- Damian Vaile
- Russell Kelly
- Linda Jacques
Cost of Mediation at LA
We aim to keep the cost of mediation to a minimum. There may be instances, however, when extra time is needed at the mediation. Discussions may need to take place outside the mediation and we can accommodate this too.
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.
| Mediation | 10 - 4pm (6 hours) | £1000 plus VAT |
| Additional mediation time | Hourly | £200 per hour plus VAT |
| Background and outline assessment | Hourly | £200 per hour plus VAT |
| Travel | Dependant on distance | 40p per mile |
| Room hire | Upon request |
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