Mediation

Mediation is a very quick inexpensive and private way of settling any dispute

  • In short mediation is available for disputes:
    • worth many millions of pounds to one worth a few hundred
    • between persons or corporations in any country or countries,
    • within and across International Boundaries.
  • Mediation is particularly appropriate when the parties wish to have an ongoing business relationship.
  • Mediation works well however many there are in the dispute, and whatever the dispute is about.
  • Mediation is “Without Prejudice” and completely private.
  • Mediation is suitable for Building Disputes, Personal Injury Cases, Partnership Disputes, Negligent Claims, Contract Disputes, Patent or Trade Mark Disputes – or indeed any dispute, (but we do not normally supply mediators for Matrimonial Disputes).
  • Mediation  is not appropriate if you want an injunction or a legal precedent.

The Mediator

  • The mediator is specially trained to help disputants reach a settlement.
  • An untrained person acting as a mediator is a potential disaster area.

When can you Mediate?

  • You can mediate at any time whether before or during court or arbitration proceedings, which may be “put on ice” while the mediation is being arranged and conducted (But do not miss a limitation date !)

Cost of Mediation

  • This depends mainly on the time estimate and amount involved. A simple half day case might cost as little as £500 (plus VAT) for each side, plus the cost of the room, and the mediator’s travel expenses.

How long does Mediation take?

  • Usually 4 to 6 weeks from the first approach, but can be very much quicker if so desired. The mediation itself lasts on average less than one day (In one case, a mediation was requested on Friday for a case listed for hearing on the following Wednesday; the mediation was arranged for the Monday, and was successful)

Success rate of Mediation

  • Over 75% of all mediations are settled there and then.
  • More are settled later, the mediation having helped direct the minds of the disputants.
  • Remember that of every 100 writs issued in the English High Court, only 3 come to trial. The money wasted before settlement is phenomenal.
  • A survey of 142 major companies in the USA estimated that they saved more than $100 million in legal costs in a single year by using ADR.

Privacy in Mediation

  • Mediation is completely private, and within the complete control of the disputants.
  • The mediator destroys the notes at the end, and cannot be called as a witness.
  • The mediation is “Without Prejudice,” which means that what is said cannot be used in any court or arbitration proceedings unless a legally binding agreement is made.
  • Each disputant agrees to mediation, pays a fee, and attends with the mediator and the opponents at an agreed place.
  • The mediator will explain the procedure, and then each side gives a short summary of their case.
  • The mediator will then see each side separately, and will find out what is behind the dispute, what the issues are, what is agreed, what is actually in dispute and what each side really wants.
  • The mediator will not reveal to the other side anything said without express permission.
  • The mediator acts as a go-between and as an imaginative problem-solver.
  • The mediator’s task is to assist the parties to reach their own settlement.
  • The mediator cannot give any judgement.
  • Any one can walk out at any time.
  • At the end of the mediation, successful or otherwise, the mediator destroys the notes in the presence of the parties.
  • The disputants reach their own settlement.
  • They can make this legally binding if they so wish.
  • The settlement can include anything they wish: (e g – a new contract – more work done – a restriction and so on). It is not restricted to damages, interest, and costs as in a judgement or award.
  • Remember – the mediator cannot give any judgement.

Mediation has increased in use over the last few years. Whilst it has always been available, it is now normally required as a pre-cursor to litigation as part of the practice directions for the English and Scottish courts.

We have many instances of one side wanting mediation, and the other side refusing. If you have this problem, then please contact us, and we will try to persuade the other side of the advantages of mediation; there is no charge for this service.

A national scheme (the National Mediation Helpline) which the Academy was a provider to was set up by the Ministry of Justice. This has been replaced by the Civil Mediation Directory. There are now in-house court mediators in the small claims court.

To find a registered Academy mediator click here

  • You are directly involved in negotiating your own agreement.
  • No settlement can be imposed upon you (as happens in litigation or arbitration).
  • The proceedings are conducted in private, and you are in control of your own position.
  • Because mediation can be used early in a dispute an agreement can be reached more quickly than may be the case when pursuing the problem through the courts.
  • You have the services of an experienced person who can aid your negotiations, and assist in achieving a quick settlement.
  • Generally the cost is greatly reduced in comparison with pursuing the matter through the courts or arbitration.
  • The Mediator may be able to explore alternative solutions that may not have been considered by the parties or are not possible or available through the courts.
  • It is possible to re-establish a positive relationship between the parties once the dispute is resolved.
  • If the Mediation is unsuccessful you have neither prejudiced or sacrificed any legal rights nor delayed significantly any ultimate settlement by the legal process.

Whether or not you have a Lawyer present at the is a choice that you may make prior to the mediation taking place. Some points to consider are:

  • Many lawyers are themselves mediators.
  • Lawyers are always welcome but not essential.
  • Many people see a lawyer for advice, and then attend the mediation without one.

With the increasing shift to the use of ADR it becomes essential to have a knowledge of Mediation and other ADR procedures. Undertaking the Combined Qualifying Course gives participants an opportunity to gain the qualification QDR.

Not yet Qualified?

For those entering into Commercial Mediation Training for the first time the Academy’s course provides a fully comprehensive training system for those seeking qualification as a commercial mediator.

Attendance on the course enables candidates to practise and develop their mediation skills through a combination of lecture, discussion and role-play sessions. During the course successful candidates gain an in-depth understanding of how mediation works and the advantages it can bring. Whether as a Lawyer or other suitably qualified expert/professional you will be ready to mediate or represent your clients in mediation.

Already Qualified?

If you already hold a Mediation qualification you may be eligible to use this for TAE accreditation. If you wish to follow this route you must apply for exemption from the normal training requirements of attending all 5 Training Modules. To obtain this you must attend a pre assessment module (Module 2 – Mediators Tutorial).

Following the Mediators Tutorial you are initially required only to undertake the TAE Assessment which must be passed before you can gain entrance to The Academy’s register and the qualification QDR.

It is, however, recommended that applicants should consider also taking part in Module 5, ‘Simulations’. This is optional, however experience shows that candidates who have attended one of these days have a higher success rate in the assessment than those who ‘come in cold’.

Having passed the Assessment  candidates who are not already TAE members will be invited to join The Academy of Experts as a Dispute Resolver member in order to be placed on the Academy’s register of Qualified Dispute Resolvers.

One of the benefits of Mediation is that it can be relatively inexpensive and the costs can be controlled by the parties.

In general a privately arranged Mediation can cost between £1,500-£2,000 per day depending on the subject and complexity of the matter in dispute.

TAE is able to offer a set fee for the Mediation dependent on the size of the dispute (not including the appointment fee) which would be as follows:

Size of Dispute

Mediation Duration

Fee per party

<£5,000 2 hours £100+vat
£5,001 – £15,000 3 hours £300+vat
£15,001 – £50,000 4 hours £425+vat
£50,001 – £150,000 5 hours £550+vat
>£150,000 To be agreed To be agreed

In addition to the cost of the Mediator on the day there may be costs associated with venue hire and preparation.

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