FAQs

What is mediation?

Mediation is a completely confidential process where a trained, independent third party professional becomes involved in a dispute and tries to help the parties negotiate a settlement. The mediator does this by talking about the strengths and weaknesses of each side and suggesting areas for compromise. Using a mediator allows the parties to see if settlement is possible without losing face or giving away negotiation positions. Because it is confidential, if the process does not work they are free to continue to litigate/arbitrate without having lost anything (beyond the cost and time involved).

Do I have to do it? Am I stuck with the mediator’s decision?

Mediation is not compulsory. Some judges say it should be but I only take on mediations where the parties are both committed to it otherwise I think its a waste of time. You can end a mediation at any time but both sides are normally committed to engaging for a good few hours. A deal is only binding if both sides sign the settlement agreement. Settlements occur more often than you might think.

Is the mediator impartial?

Yes. My only goal is to try and help the parties reach a deal. My private practice as a barrister is for both defendants and claimants.

Do I need lawyers to mediate?

A party needs to have had legal advice to work out the strength of their case. It would be dangerous to settle a case without knowing this and I do not give legal advice as a mediator. But often mediations do proceed without lawyers present and this can sometimes help focus the discussion on pure numbers rather than argument. If you want to do it without a lawyer present you should have your lawyer on the end of the phone. Generally speaking you should try and agree with your opponent whether or not lawyers will be there in advance, so you don’t feel ambushed.

What are the chances of settling?

Whether a case settles depends on whether the parties are prepared to settle and whether there is sufficient overlap in their assessments of the case. Both sides need to be serious about trying to reach a deal. It also depends on timing. There is probably not much point mediating a £5m dispute pre-action where the parties vigorously disagree on everything since its too early in the process. If you are not sure if your case is ripe for mediation, let me know and I’m happy to express a view. According to various mediation bodies and well known mediators, most cases do settle at or shortly after mediation and that is my experience too.

What will it cost?

There are my fees and then whatever you decide to spend on your own lawyers. My fees are fixed and published. The mediation process I have aims to keep lawyers’ time productively used and low.

How do I best prepare?

Read the Knowhow page for more information and complete the preparation forms on the Bookings page.

Can we just get straight to numbers via a bidding process?

Sometimes the parties are ready and able to get straight into a bidding process to try and do a deal, especially if the chances are that there is an overlap between the parties but they want to get the best deal within that overlap. I would say a three blind-bid is well worth a try. It is very cheap, very quick and surprisingly effective. For more info on it see here and for setting it up and my charges see here.