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Before we start..In order for the mediation process to run as smoothly as possible, we contact the people in dispute in advance and if appropriate have a pre-mediation meeting or discuss the practical points and key issues in the dispute.
Mediation can take place at any time- even the day after the conflict has happened if a specific event has triggered a situation. Or, we can mediate where things have progressed but in a way that is not working for anyone and legal proceedings are well underway. We often mediate in the shadow of legal proceedings. If progress is being made in mediation, you can ask the court to 'stay' (put on hold) these proceedings pending the outcome of the mediation
Alternatively...The mediation can run alongside the legal action.You can work on some of the thornier issues in mediation, even if you feel there are one or two points that you may struggle to agree on. Careful attention should be given to any legal time limits in any event.
In order for the mediation process to run as smoothly as possible, we contact both parties in advance and if appropriate have a pre-mediation meeting or discuss the practical points and key issues in the dispute.
Every mediation is different as it will be tailored to the particular dispute and the people/interests involved. The information we acquire before the mediation will help to inform how the mediation will run.
What happens next?
Agreement is reached during the mediation sessions and where appropriate, we will provide a written statement of the outcome. If agreement wasn't reached, we can provide a follow-up service: either further mediation meetings or a referral to arbitration where appropriate.
We can't mediate ...
It's gone too far
Too much has been said and done. Feelings are running too high.
Did you know that most mediations start out from exactly this point but over 80% are successfully resolved?
We have the mediation skills to help you to resolve disputes quickly and effectively.
Before we start we clarify ...
Who, where & when?
We clarify who will be attending the mediation. We will also discuss where the mediation will take place, the duration and how many sessions we should plan for. Some mediations work best if they are time-limited and the parties have one working day to reach an agreement. Other situations are better suited to several shorter sessions and in others you may decide to continue to mediate until either party withdraws or the mediator is of the view that the dispute is not going to be settled via mediation. We will tailor the process to your specific needs.
How long will it take?
The timing can be determined by you. We follow your timetable provided it is realistic. We will let you know if it is not.
How much will it cost?
The costs of the mediation are usually shared by those involved and vary depending on the value of the claim and the size and complexity of the dispute in commercial matters. For the majority of disputes, we will agree a fixed charge for the mediation including all pre-and post-mediation steps. Please contact us by email or phone if your situation is not covered and you would like an estimate for your proposed mediation
The Agreement to Mediate
We provide a mediation agreement which specifies all the terms which apply to the mediation including terms of engagement which you all sign.
In family mediation, we set an agenda together of the items you wish to discuss and explore them together in our meetings with a view to reaching an agreed way forward
Together we lead you through a conversation where we look at the following:
1. We identify what the obvious and the underlying issues are
2. We help you to explore the issues
3. We support the creation of options
4. We then assist you in the development/exploration of options-probing, reality testing etc until...
5. We help you to secure an agreement.