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Mediation

What is mediation

Is mediation mandatory?

Mediation can take place at any stage of a dispute but is always encouraged sooner rather than later. As recongnised in the TCC guide, the later mediation takes place, the greater the amount of costs that may have been incurred unnecessarily. 

No, mediation is not mandatory but it is strongly recommended by the courts and is sometimes provided for within construction contracts. Mediation is a lot cheaper than going through the court process, if a case does end up in court, the judge will look at attempted mediation in a parties favour.

When should mediation take place?

Benefits of mediation

Mediation can take place at any stage of a dispute but is always encouraged sooner rather than later. As recognised in the TCC guide, the later mediation takes place, the greater the amount of costs that may have been incurred unnecessarily. 

The mediator themselves are a major benefit. The presence of an independent party that is specifically tasked with facilitating settlement may be much more productive than negotiations between the parties themselves. The mediator, through discussions individually with each party, may understand the gap between the parties and be able to utilise various tools and discussions in order to try and close it.

The cloak of without prejudice which covers the mediation may also allow the parties to make compromises and concessions which it would ordinarily not make. 

 

Mediation is a private process and therefore the dispute can be prevented from reaching a public forum which can protect a parties reputation. 

The process is likely to be cheaper and quicker than taking the dispute to court as well as being less confrontational which may help better preserve an ongoing relationship between the parties.

Where will mediation take place?

Mediation can take place at our office or a neutral destination within close proximity to both parties. All or some of the mediation process can also take place via email, telephone and zoom call. It is important for parties to feel confutable throughout the process.

 What are the costs?

All new enquires are dealt with free of charge.

 

Initial individual sessions are available before the mediation begins £110.00 This is to give guidance and information to all parties as well as your options and answer any question you may have about the upcoming process.

Once the mediation process in underway there is a charge of £250.00 per hour including VAT.

There is a £120.00 charge for any documents created and issued on completion of the process.

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