Telephone mediations work on the same principle as Mediation Settlement Meetings but obviously the work is done over the phone. This may be because the cost is more proportionate to the amount in dispute, for example in fast track cases. Alternatively a meeting may be impracticable because of geography or some other reason.
Fees just £150 plus VAT per party for a two hour telephone mediation
What happens before a Telephone Mediation?
I contact the parties to make sure they know what will happen on the day and check the phone numbers for use. I make arrangements with the parties for the date and time – obviously no venue is required. The parties send me their relevant papers, brief position statements and pay my telephone mediation fees.
What happens at a Telephone Mediation?
There is no opening joint meeting with this procedure but I still remind the parties that mediation is confidential and voluntary. I speak to each party in turn with the ultimate aim of helping the parties find their own solution to the dispute.
Is Telephone Mediation confidential?
The telephone discussions I have with the parties are confidential. I do not pass anything on without the express permission of the party concerned. Occasionally I may ask to pass something on if I feel it will help the parties reach a solution but I need permission to do so. If the mediation does not end in settlement information passed on during the process can not be used in any litigation – it is without prejudice.
Is the Mediation binding?
Hopefully agreement will be reached. It is then written up – usually by legal representatives. Once the agreement is signed it is binding. This may involve faxing or emailing the agreement on the day so that each party can sign it. In cases where court action has started the agreement will be sent to court and a formal court order made. The parties can return to court to if one party fails to comply with the terms of the agreement but this is unusual because the parties came up with the agreement themselves.
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