This is one of the questions I am asked most frequently. I have previously referred to Judge Coulson's comments in Nigel Whitman Ltd v Smith - see paragraph 32 of that judgment. He described the common situation where the claimant wants early resolution asks for a mediator to be involved at a ...
Category Archives: About mediation
Fear and laziness – why mediators are rejecting the joint session
A look at Geoff Sharp’s address to the 1st Asian Mediation Association Conference
Recent mediation questions from clients
This website is designed to be a resource for anybody considering using a mediator to assist in dispute resolution. I have a mediation FAQs page where I have put responses to the most common mediation questions. If you have your own question you can post it via that page, send me an email or ...
What judges say about mediation.
Judges have over the years often had cause to comment on the desirability of finding ways to resolve claims without going to the often unnecessary expense of a full blown trial. Here are a few words of judicial wisdom... "It appears to me that this was a case in which, at any rate before the trial, ...
A guide to mediation for lawyers
I have tried to provide lawyers with everything they would need to know about mediation on this site or by linking to relevant external sites. Go to the mediation FAQs page. Please let me know if you can not find what you are looking for by posting a question below or simply emailing me ...
What should I ask my lawyer about mediation?
Information you might want to get from your solicitor about mediation.
My opponent won’t mediate.
If you want to refer a dispute to mediation but your opponent won't play ball your options are limited because mediation is a voluntary process. However you could try the following: Point out the costs consequences of refusing to mediate. Under the CPR the courts have the power to apply costs penalties against parties who unreasonably refuse ...
When is the right time to mediate?
The short answer is when you are in a position to make a commercial or business decision to settle your claim. His Honour Judge Coulson considered this point in the case of Nigel Withman Ltd v Smith He said It is a common difficulty in cases of this sort, trying to work out when the ...
Will Mediation cost too much?
I am a Professional Mediator and obviously want to encourage people to use mediation to help resolve disputes. However I will try to be objective. Please post your comments below if you think I have failed! Firstly you may want to look at my mediation fees. In addition to the Mediator's fee you may ...
How quickly can a mediation be arranged?
The short answer is that it can be done within a few days. The longer answer is that it depends when everybody will be ready and available. The parties have to exchange availability dates with the chosen mediator to find a date when everybody can attend the meeting. The decision makers on each side will have ...
