Mediation has fast become the most popular of the alternative dispute resolution (ADR) procedures but it does not have to be a complete alternative to litigation. A negotiation via a 10KBW Mediator can be set up at most stages of litigation. As the mediation is without prejudice, the possibility of going to/back to court if the matter does not conclude on the day is left open. If the matter does settle, the litigation concludes, usually by way of consent order. The settlement agreement is enforceable in the usual way.
- Mediation is the most popular form of Alternative Dispute Resolution (ADR) in England and Wales with a documented high success rate. Parties mediate at all stages of legal proceedings, often strongly encouraged by the judge in their particular case. The majority settle.
- A mediation typically takes place over just one day and so resolution can be swift and cost–effective. Parties can be penalised in costs for unreasonably refusing to mediate. Offering to mediate can be protective.
- Parties who mediate are aware that even if they do not settle the case on the day or shortly thereafter – although according to one commercial mediation survey the vast majority do – they can still proceed to court because the mediation is without prejudice.
- Mediations are facilitated by an independent, third-party neutral. All 10KBW Mediators are legally qualified, bringing to the mediation their skills, expertise and deep understanding of both the law and litigation process. Our Mediators are each trained and accredited in mediation-specific negotiation by leading providers such as CEDR (Centre for Effective Dispute Resolution) and the Bar Council.
- A 10KBW Mediator is trusted for his/her neutrality, highly skilled in negotiation technique and fully active in the mediation process. He/she strategically works with the parties to assist them in obtaining what they need out of the dispute and facilitating a workable settlement. He/she will not take sides or decide who is right or wrong but actively seek to understand, challenge and move the parties to collaborate in order to meet their individual needs and reach settlement.
- A robust and rewarding process of negotiation, parties to mediation are usually represented and advised by a Barrister acting as their mediation advocate.
- A typical day in mediation involves an initial joint meeting with all parties and their advocates, followed by the parties moving to separate rooms. The Mediator then moves between each room holding confidential discussions with the parties and advocates about their case, working strategically to create options, offers and possible terms for settlement. However, the process is inherently flexible and a 10KBW Mediator will work with you to design a process right for your dispute.
- A 10KBW Mediator ultimately facilitates negotiation so each party obtains what they need out of the dispute, without conceding unnecessarily or walking away. A Mediator will usually listen, explore, question, strategically facilitate negotiations, challenge parties, lawyers & experts, play devil’s advocate, advise on how to frame offers & when to make them, relay offers, and assist with the workability of any agreement. Working well with the Mediator is to a party and their lawyers’ advantage.
- All private discussions between party and Mediator are confidential. Information is not exchanged with the other side unless desired and authority is given to the Mediator to do so.
- The work of a mediation is rewarding. Parties to the process are usually converted to its merits after an initial attempt.
Benefits of Mediating
Mediation at 10KBW works for individuals and for organisations. There are many benefits to mediating at 10KBW. The process is:
- Swift. A mediation usually lasts just one day and can be arranged quickly by our designated ADR team. It can prevent or end a lengthy dispute.
- Cost effective. Arranged for a fixed fee; the costs are transparent and certain. They are usually borne equally by the parties
- Voluntary. Parties can engage or walk away as they wish, even on the day itself. No outcome will be imposed upon them.
- Without prejudice. Parties can normally mediate usually at any stage of the litigation process. If the case still ends up in trial, except in very limited circumstances, no information about the mediation can be passed to the judge, including offers made, refused or withdrawn, no matter what they were.
- Everything said to the 10KBW Mediator, stays with the 10KBW Mediator – unless a party authorises it be revealed to the other side. No one outside the mediation can be informed about what has taken place within it, including the press or online media.
- Facilitated. The Mediator is a professional, trained in strategic negotiation skills. Staying neutral and without making a decision, a 10KBW Mediator will use his/her skills for the benefit of the parties. He/she will:
- Look at the case with fresh eyes
- Seek to understand the parties’ underlying commercial and personal interests
- Test the strengths of the legal case, including the likelihood of success at court
- Strategically aim to break deadlock
- Assist in creating ideas to move forward
- Robustly coach the parties on how offers should be presented to the other side
- Discuss workability of the proposed settlement terms
- Creative. The parties and their legal representatives can create a signed, enforceable agreement, putting an end to protracted, costly and uncertain litigation. They can seek to have the other side agree to items the judge has no power to impose or award: such as a written apology.
- Important for business relationships. No organisation wants to take a key supplier or customer to court. Mediating makes economic sense and can keep a relationship intact.
Our mediation rooms are free when you use a 10KBW Mediator for your dispute. We also mediate remotely, typically via Zoom but other platforms also.
For all mediation enquires, including to appoint a Mediator, please contact our Clerks on 020 7353 7742 or email email@example.com