CIVIL & COMMERCIAL MEDIATION SERVICE

Dispute resolution through mediation can, where appropriate, preserve privacy and ensure a continuing relationship, which is unlikely to be possible if the dispute went to a trial at Court.

Our fees are based on the time spent in mediation and the value of your dispute but in all cases the costs are likely to be significantly less than the sums usually spent on litigation through the courts, as well as possibly avoiding months of recriminations, anguish and frustration and time lost on days in court and repeated visits to lawyers. These costs are usually shared equally between the parties and paid in advance of the mediation. The only additional costs that may be incurred by us are for travelling and for hiring an appropriate venue, should one be needed. Our offices in Braintree have fully equipped mediation facilities.

Conversely, in mediation, the mediator, usually an impartial third party, does not impose a decision or attempt to judge the merits of the case, so the settlement arrived at is almost always one that, at the very least, the parties are able to live with or, better still, join together in rejoicing as a fair and pragmatic outcome.

The difficult bit about mediation can be actually getting both parties to agree that mediation is a good idea in the first place. Most disputes become very personal and our legal system is geared to a combative approach - finding fault, picking holes, showing blame or error. People are not inclined to settle. They want their day in court. They want to show the other party that they were in the wrong. These are all very natural thoughts but they don't really help and in the long run can prove to be very expensive regardless of the result achieved. Mediation, on the other hand, looks at the common ground, the positive aspects and finds the best resolution for both parties.

There is no doubt that mediation provides an excellent opportunity for those embroiled in disputes to find a way of putting paid to them, not only cost effectively but with expedition and a high degree of flexibility.

The mediator spends time with each party, both in joint session and in private meetings (sometimes called 'caucus') helping each party to focus on their interests and the interests of the other parties, rather than their legal rights. The mediator will help the parties examine areas of possible agreement as well as disagreement and will also help each party to examine their own resolve, testing out their belief in the true strength of their own case and their resolve to fight rather than settle. Some of this process can be difficult, if not painful, for some parties and for this reason, the mediator will never test parties or try to expose weaknesses in a case in joint session - only ever in private.

All of the discussions are completely confidential - the mediator will not repeat or imply to another party anything that one party has said unless or until the mediator has been given permission to do so. This confidentiality allows the parties to trust the mediator so they can discuss openly all aspects of their case.

If no agreement is reached the parties are not in any way bound by what has been discussed. The agreement becomes binding only once it has been drawn up and signed by the parties. If the agreement subsequently is not honoured, it may be enforced contractually or, preferably, by a further mediation. However, most agreements are honoured because the parties have worked hard to achieve a settlement upon terms that were always within their control - unlike an imposed court decision.

• Parties in mediation avoid the uncertainty and dissatisfaction often experienced in court or at arbitration, where they have little choice but to accept the judgment made, which none of them may be happy with or to launch an expensive and time consuming appeal. There is no appeal from a mediation as the settlement reached is the parties’ own agreement.




• Mediation resolves disputes fast - settlement is usually reached on the day or within a few days of the mediation meeting.




• Mediation is significantly less expensive than litigation - because months or years of litigation are avoided, as are the consequent fees of lawyers and experts. Nevertheless, in some cases parties may wish to have legal or other advisors present during the mediation and this can be allowed.




• Everything said at the mediation is entirely confidential to the parties, unless agreed otherwise - unlike the publicity of court proceedings.




• The mediation process is 'without prejudice', so that on the rare occasion that a settlement is not reached, litigation may continue without the parties needing to worry about the other using what they’ve said in court or feeling that their legal case has been undermined.




• Mediation works more than 90% of disputes.




• Mediation is voluntary - any party may withdraw at any time.




• Nothing is binding upon any party until an agreed settlement is reached. Once a settlement has been drawn up and signed it becomes an enforceable contract between the parties.




• The Mediation is arranged at a venue convenient to the parties, who each have their own room as well as a separate room for joint meetings.




• The Mediation can take place at any time - it is not limited to ordinary working days or hours. If it suits the parties to negotiate over a weekend, then that's when it happens and, in some cases, can even be done by telephone or over the internet by web-cam.