Mediation
Mediation Services
More and more people are looking for ways of resolving disputes without the need for lengthy and expensive court proceedings. Fletchers’ Mediation Services has the answer.
The Civil Procedure Rules of 1998 require parties to a dispute to consider other ways of resolving their differences before going to court. The general term for this is Alternative Dispute Resolution (ADR).
Though the courts can’t force anyone to use ADR, a number of recent decisions have awarded costs to penalise those refusing ADR.
ADR can take a number of different forms but at Fletchers we believe the best route forward is mediation. Our Managing Director, Rob Fletcher takes personal charge of mediation on our clients’ behalf. A solicitor since 1979, Rob has more than 30 years’ experience in the legal profession much of it involving dispute resolution of one kind or another.
Since our formation in 1987, Fletchers has grown into one of the North West’s leading personal injury firms. Rob Fletcher was appointed a Deputy District Judge in 1992, handling a full range of cases in the County Court.
Witnessing at first hand the sheer amount of time and money spent taking cases to trial, Rob became increasingly interested in ADR. In March 2007, after training with Mediation and Training Alternatives (MATA), he became an accredited mediator with the Chartered Institute of Arbitrators of which he is now a member.
What is Mediation?
Mediation is a voluntary process co-ordinated by an experienced and neutral mediator whose aim is to facilitate a settlement negotiated between the parties themselves. It takes place without prejudice to any court proceedings that may ultimately occur, should mediation prove unsuccessful.
The process is relatively quick and inexpensive and usually lasts just a single day.
More than just hammering out a compromise, mediation enables disputing parties to strike a genuine deal to which they are both happy to commit themselves. This is done in an amicable way, avoiding any souring of relations. In the business world this allows parties to carry on working together and find a mutually acceptable way of putting their differences behind them.
The mediation process is totally non-binding, right up to the point where an agreement is reached. Either party can pull out at any stage if they feel it is impossible to make progress, but in practice this is highly unusual.
There is no obligation on either party up to the point where an agreement is signed, and the process does not affect any court proceedings already under way.
Mediation is generally very effective. Around 90% of cases that go to mediation end with an agreement being struck.
How does it work on the day?
The mediator will agree a venue with the parties. This will normally have at least three rooms available. Each party will have a room to themselves, with a third room large enough for them to sit down face to face.
The day starts with a joint meeting at which the mediator explains how the day will progress. Each party has a chance to outline their case at the outset, before retiring for private meetings with the mediator. These confidential meetings enable the mediator to understand the disputed issues more fully than an open meeting would normally allow and to get much better idea of the relative strengths and weaknesses of the two sides’ cases.
The Mediator will then create an appropriate forum in which to explore common ground and find a way around the two parties’ differences. This continues through the day until, in most cases, an agreement is reached.
Even where a settlement cannot be reached on the day, the process can still prove productive. Cases often settle shortly after mediation, as differences will have been narrowed and shared interests identified.
What type of disputes can be mediated?
It is hard to think of a case that could not benefit from mediation. Personal Injury, Clinical Negligence, Construction, Employment, Landlord and Tenant, and Professional Negligence disputes are all more than suitable for Mediation.
How expensive is it?
Mediation is very inexpensive – especially compared with the cost of taking a case to court. Fees depend on the nature and the size of the dispute, but will typically cost each party between £500 and £1000 per day. This normally includes travel costs, but excludes VAT.
Set against the potential costs of going to trial, especially where experts may have to attend, mediation clearly represents very good value indeed.
Want to know more?
If you would like to find out more about how mediation could benefit you, call Rob Fletcher on 01704 546919 or send an e mail to raf@fletcherssolcitors.co.uk
Alternatively you can simply fill in the contact form for which a shortcut can be found in the main navigation on the left.