What is Mediation at 10KBW?
Mediation involves a confidential set of discussions and negotiations through an independent third-party – the Mediator. The process usually take place over one day, either in-person or online. Parties in mediation are typically accompanied by a solicitor and/or Barrister, known as their Mediation Advocate.
If successful, the mediation process leads to parties in dispute agreeing their own robust terms of settlement rather than having a potentially unwanted solution imposed upon them by the court. This is particularly valuable to parties who have a commercial or other ongoing relationship.
10KBW Mediators are specialists in negotiation, trained and experienced in helping parties shape and create the outcome they want from an unpredictable, and often expensive, dispute.
Our Mediators are also qualified Barristers with extensive litigation experience. They understand the risks and dynamics of litigation like no other, are able to analyse complex information quickly and have excellent interpersonal skills. They are able to drive parties to a sensible and practical solution.
A mediation can be organised in place of, before or even during litigation. The courts encourage parties to mediate and penalise those who unreasonably refuse to do so, even if they are later successful in court.
Why Should I Mediate at 10KBW?
With a current backlog of civil and commercial court cases due to Covid-19, and the effects of the pandemic being felt in a rise in certain types of disputes, more and more parties are turning to mediation. Reassuringly, the success rate is high: almost all mediations lead to an agreed settlement on the day.
With the skills of a 10KBW Mediator, mediation is a swift, creative and cost-effective way to resolve a dispute, including those which have become protracted or deadlocked. A successful outcome at mediation frees up finances, emotional energy, and time spent litigating a matter where the conclusion is inherently uncertain. Parties are free to move forward with their relationships, their business and their life.
Why Appoint a 10KBW Mediator?
Our Mediators are trained and trusted professionals.
- 10KBW Mediators have been trained and accredited by some of the world’s foremost training organisations, such as CEDR (Centre for Effective Dispute Resolution) and the Bar Council. One of our Mediators has completed executive education in negotiation at the Harvard Law School Program on Negotiation. All our Mediators operate using the principled negotiation approach.
- 10KBW Mediators abide by a rigorous Code of Conduct. Our Mediators are trusted to act without favour to any party and remain independent and neutral. However, as specialist third-party negotiators, they are far from passive. After organising a bespoke mediation process, they work robustly at understanding, challenging and facilitating negotiations with the parties, leaving no stone unturned in the path to finding a workable settlement.
- 10KBW Mediators are insured legal professionals. They are Barristers: experienced litigators with a wealth of negotiation experience. Their understanding of the litigation process, including rules of evidence is deep and dealing with volume and complexity is second nature. They have appeared in courts at all levels. They understand the legal, commercial and practical implications of conflict.
In What Areas of Law do 10KBW Specialise?
- Contentious Probate and Property, including TOLATA and Inheritance Act 1975 disputes
- Shareholder and Company disputes, including those involving family members
- Contract disputes, including sale of goods and supply of services, asset finance and leasing
- Shipping and International Trade, including insurance risk
- Torts, including boundary disputes and conversion
- Landlord &Tenant, including possession, disrepair and rent arrears
Our mediation fees are fixed and highly competitive. Parties are therefore assured that costs are certain and reasonable in the context of their dispute.