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.
Requesting a Mediation
To request a Mediator appointed by The Academy see Request to Appoint a 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.