Category Archives: Mediation

Planning for mediation

Successful outcomes at mediation do not happen by accident. By thoroughly preparing for the day you can maximise your chances of resolving your dispute.

What is the National Mediation Helpline?

The National Mediation Helpline can be used to provide mediation services across the country although using the NMH means you lose control of which mediator is selected for your case.

Mediation settlements : keeping control

The recent settlement by mediation of the defamation claim between Barry George and News Group Newspapers demonstrates how parties retain control of the process when mediating.

Angry Woolf and tribunals overloaded

Lord Woolf complains that solicitors are ignoring mediation, a key reform of the litigation process. The tribunals are overloaded with cases. What does the legal profession say in response?

What does the Pre-Action Protocol say about Mediation?

The Pre-Action Protocols repeat the view that the courts consider that litigation should usually be a last resort and provide a non-exhaustive list of methods of alternative dispute resolution including mediation.

When is the right time for mediation?

The timing of mediation is important. Too early and you may not be in a position to properly negotiate a settlement – too late and you will lose many of the benefits of early dispute resolution.

What does mediation cost?

The mediators fee are usually split evenly between the parties. The costs of mediation have to be set against the potential future savings of legal fees and management and personal time.

What are the benefits of mediation?

Mediation has some distinct and measurable benefits over litigating a dispute to trial. The following list are some of the main benefits. Mediation is usually but not always a suitable method of resolving a dispute. You should consult your solicitor for further advice if you are in doubt. Mediation is fast Mediated settlements can be…

What if mediation fails?

Mediation does not always result in an immediate settlement of a dispute. What can and should the parties do when this happens?

What happens at mediation

There is no single mediation process or mediation procedure. Experienced mediators will have there own way of working. What follows is a guide to what to expect if you asked me to mediate a dispute for you. There are four and sometimes five stages to a successful mediation. Greeting Opening meeting Private confidential meetings Further…