About Mediation

What is Mediation?

• Mediation is a facilitative process concerning dialogue and compromise.
• Mediation is confidential so no discussions at the mediation nor documents produced specifically for it can be referred to in any future litigation.
• Our mediators do not make a judgment on your dispute.
• Our mediators will however test both parties confidentially using their legal expertise.
• Our mediators will encourage both parties to review their strengths and their weaknesses.
• Our mediators will assist parties in understanding their legal and commercial risks.
• Our mediators will encourage dialogue leading towards a compromise.
• Our mediators will not (and cannot) force any party to do anything.
• You retain full control of any decisions and offers made at the mediation.

The Process

Before Mediation

1. Once the date of mediation is agreed the mediator contacts each party for an initial discussion.
2. Mediation Agreement is signed (sometimes the agreement may not be signed until the day of the mediation but it is always signed before the mediation starts).
3. Parties exchange Position Statements and key relevant documents (recommended but not compulsory).
4. Mediator has a second call with each party shortly before the mediation day.

At Mediation

1. Mediator visits each party at the beginning of the day to reiterate ground rules stated in the Mediation Agreement.
2. Mediation starts with an opening plenary session (recommended but not compulsory).
3. Mediator suggests next practical steps for the day (subject to the parties’ approval).
4. Mediator then shuttles between parties as the issues are considered further.
5. Mediator will only share information disclosed in private meetings with the express permission of the disclosing party.
6. Various satellite meetings may take place (subject to the parties’ approval).
7. Parties make offers to settle the dispute (all offers are solely at the parties’ discretion).
8. Once a satisfactory resolution is reached this is usually documented at the mediation. Any agreement reached is not binding until signed by all parties.

After Mediation

If settlement is not reached at the mediation we will continue to communicate with parties as required to assist with any ongoing settlement discussions.

Engaging a Mediator

Please see ‘Our Sectors’ for our areas of expertise.

You can request a mediator or we will suggest one.

Once a date for the mediation has been agreed we will send you:

• a Mediation Agreement
• Mediation Details

Parties then sign the Mediation Agreement.

Parties source a venue if applicable.

We also provide Online Mediation.

Co-Mediation

Co-mediation is a process in which two mediators work together combining their different skills, perspectives, and expertise. We offer the services of Robert and Richard together at the same rate as for a single mediator.

Co-mediation can be beneficial in more complex cases as it allows for (1) two pairs of eyes and ears, and (2) division of labour thereby saving time and maintaining momentum.

An example of (1) would be getting to grips with complex issues and/or dynamics which a single mediator may take longer to understand. 

Examples of (2) would be dividing up (i) management of satellite meetings at the mediation (for example, a meeting between experts), (ii) communications with one or more parties, and/or (iii) satellite discussions and/or negotiations (for example, between co-defendants). 

Co-mediation can therefore enhance the speed and quality of service offered increasing the prospect of a successful resolution.