The Civil Mediation Process
When To Mediate
You can normally mediate at any time, but the sooner people mediate the more money will be saved and the faster your troubles will be over. Some people manage to mediate without issuing court proceedings and this is ideal, as it resolves the dispute at the earliest possible date. Sometimes issuing court proceedings is needed to force the other party to the table. Once they realise you mean business, they may well agree to mediate. In some instances, it is necessary to establish basic facts or get documents via the courts, before meaningful mediation can take place. The judge will encourage early sharing of information in order to facilitate early mediation with a view to trying to resolve matters. The entire court focus these days is early agreement if at all possible. It is unwise to be obstructive or difficult about mediating, as serious adverse cost consequences may follow, even if you are right and win at trial.
Focus Gets Results
At Focus, we bring the right expertise to mediation – our multi-disciplinary panel includes a surveyor and a property law expert. We also have specialist workplace and employment mediators, HR specialists, contract, business, commercial and business mediators and mediators who specialise in probate and power of attorney disputes. Our success rates are admirable – over 90%. Mediate as soon as possible otherwise you run the risk that the biggest issue won’t be the original dispute – it will be the legal and experts’ costs.
Civil Mediation Is Often The Solution - How Mediation Works
Mediation is the only way to get everyone together with a view to resolving the dispute in one day. A day will be fixed for the mediation which can be one week of contacting us. You or your solicitors can provide an agreed bundle of documents for the mediator to read beforehand.
Our costs are shared between you and are paid up front before the mediation starts. After an optional short round table session, where each of you explains their position, you retire to separate rooms and the mediator holding confidences between the participants and only disclosing offers, information and confidences authorised by the parties. This gives them a powerful role in understanding areas of settlement and they can help put a deal together. If there are court proceedings a binding Tomlin Order will normally be drawn up on the day and signed by you. Job done. Many seemingly intransigent cases do settle in mediation, as it offers a way out for both sides – or in a multi-party dispute, for all parties. Uniquely, mediation factors in all those important non legal considerations that make all the difference to people.