4 King's Bench Walk London

Mediation and Arbitration

Mediation

What is Mediation?

Mediation is a low-cost, Private and non-binding alternative to taking a dispute to court. The result only becomes binding if both parties agree to it.

Mediation provides a process through which you can understand how far you and the other side are willing to compromise in the interests of reaching a faster and lower-cost resolution to your dispute that would be achieved by going to Court. More often than not a resolution is agreed and throusands of pounds in legal fees can be saved as a result.

A mediation usually consists of a series of negotiation sessions held confidentially between the mediator and each of the parties. It may also involve jointly held discussions involving all of the parties and the Mediator.

It is often not necessary for the parties to meet face-to-face in order for the process to be effective.

Which types of dispute are suitable for mediation?

The following types of dispute are particularly well suited be settled through mediation.

  • Disputes with employers / employees
  • contractual disputes
  • boundary disputes
  • claims over faulty goods or poor services
  • personal injury claims
  • copyright & intellectual property disputes
  • small claims
  • Family disputes

 

How does mediation work?

We usually use 3 separate rooms – so that you and the other party can have privacy and confidentiality during the mediation but can also have joint discussions, if appropriate.

The mediator runs the process as a series of structures discussions with each of the parties separately and jointly if appropriate. The process will allow each party to communicate their own position and to gain an appreciation of the considerations of the other party which may be positing a barrier to an agreed settlement.

The mediation is brought to a point where offers for settlement have been exchanged and considered.

It is then entirely your choice as to whether you decide to accept an offer and to enter into a legally binding agreement or not.

Do you provide legal advice as part of the mediation?

No. The mediator is entirely neutral and so will not legally advise either party. You are free to bring a legal adviser with you to the mediation if you want to.

Mediation is often more effective if you have taken legal advice beforehand; so that you know the stengths and weaknesses of your position.

What are the rules regarding confidentiality during a mediation?

All information remains confidential and will not be passed to the other party unless you give permission.

What are the benefits of mediation?

Cost savings – In many cases a settlement reached through mediation can save tens of thousands of pounds in legal costs;

Reduced risk – It also has the advantage that negotiated settlements are rarely entirely one-sided. Whereas the decision of a Court usually involved one side losing completely and being ordered to pay the other party’s cost;

Non-binding – Until your chose to enter into a binding agreement, nothing which takes place in mediation will be binding upon you. You can still take your dispute to court after the mediation if you want to.

Privacy & Confidentiality – Courts conduct hearings in public. Your dispute will be aired in a public forum and may be reported in the press. Mediation takes place in private. It is possible to make confidentiality and non-disclosure a legally binding part of any agreed settlement;

Speed – The whole thing can be settled and resolved within a day, rather than having to wait for a much more lengthy court procedure to unfold.

What are the costs of mediation?

The fee for a one-day mediation will be between £1000 and £2500 (+ VAT) depending upon the complexity of the dispute and the volume of material that the mediator will need to review prior to the mediation.

There will also be a cost for the use of a mediation facility.

 

Arbitrations

Arbitration is a legal technique for the resolution of disputes whereby two parties agree to be bound by the decision of an independent third party (the arbitrator). The role of an arbitrator is similar to that of a judge, though the procedures can be less formal and an arbitrator is usually an expert in his/her own right.

Our independent Arbitrators cover all areas of international commercial arbitration. We have particular areas of expertise are in foreign investment, construction and energy.

We have experience of undertaking work before both the ICC (International Chamber of Commerce) and the LCIA (London Court of International Arbitration) with whom we have good links.

We have international experience and  have Arbitrators who are attached to arbitration panels in Ghana and Nigeria.

For further information please contact clerks@barristersdirect.co.uk

 

Arbitrators Fees

Terms of appointment are an individual matter for each Arbitrator and are discussed on a case by case basis.

 

 

Ancillary items for Arbitrations & Mediations

Room hire (Up to 8 people)
£350.00 per day

Retiring room

£50.00 each

Refreshments

All day coffee, tea, mineral water & biscuits
£5.00 per person

Lunches

Sandwiches, fruit & beverages
£7.50 per person

Photocopying

£0.20 per page

Faxes

£0.50 per page

WiFi internet connectivity

Free of Charge

Contact us now for help with your case.
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Tel: 020 7822 7000

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Instruct an Arbitrator or Mediator through “Barristers Direct” and let us help you.

 

Timothy Raggatt QC

Who we act for

Our barristers accept public access instructions from company and commercial clients and governmental and non-governmental organisations. Instructions are accepted from individuals in a whole range of matters including disciplinary and sporting tribunals and coroner's court inquests.