What is mediation?
A voluntary confidential process where the parties meet in the presence of a mediator who facilitates a settlement between the parties A flexible, voluntary and confidential form of alternative dispute resolution (ADR), in which a neutral third party ( the Mediator) assists parties to work towards a negotiated settlement of their dispute, with the parties retaining control of the decision whether or not to settle and on what terms.
Why have a mediation?
To save costs and risks and achieve your goal.
How long does it last?
Normally a normal working day. Sometimes it can run on into the evening but that is with a view to finalising the settlement.
Who pays for it?
The parties share the cost of the mediation equally unless other agreed between the parties.
Is it confidential?
Without doubt. It is confidential and without prejudice. This gives you the freedom to explore settlement without worrying about giving concessions if needed.
What happens if you do not settle?
You go back to where you were. If proceedings are on foot then the proceedings start again. You do no lose anything by mediating and most cases you will gain even if the matter does not settle.
Does the mediator advise or give opinion or a judgement?
No, the solution or the settlement lies with you. The Mediator is present to use the skills to facilitate and assist in a settlement. The mediator is neutral and cannot impose any decision.
When and where does it take place?
Anywhere the parties agree on. Usually if lawyers are involved, it will be at the offices of one of the parties lawyers. If not, a venue suitable for all. Mediation can take place at any time even before proceedings have commenced.
Do I have to mediate?
No, but the Courts encourage parties to mediate and look disapprovingly on those who refuse without good reason. Courts can impose costs sanctions against parties who refuse unreasonably to engage in mediation.
Who chooses the mediator?
Joint decision between the parties.
“Thank you for your efforts on the day. I would not hesitate to use you or recommend you as a mediator in a similar matter in the future.”
S. Wade, Partner, London firm of Solicitors.
“On mediation day Steve, you were fantastic – patient and a real guiding hand.”
Excello Law Client, May 2014
“Steve’s support and commercial advice throughout a lengthy and complex trial was invaluable and he fought my corner successfully.”
DR Khan, Director and owner of a National Company
“I wanted to thank you for bringing about a positive result. Your law firm has come top for us.”
WM, Excello Law Client, December 2014.
“Steve was excellent in the settlement meeting with the bank and his negotiating style assisted us in achieving a settlement in contentious and adverse conditions.”
Excello Law Client, January 2015