mediation

MEDIATION	Mediation is a process of assisted negotiation, where a trained third party, the Mediator, intervenes in a dispute in order to help the parties to a settlement
The role of the Mediator	The skill of the Mediator is to be impartial, non-judgemental and confidential. The Mediator is not there as a judge or to take a legal view. Impartiality is essential so that the parties and their professional advisers can rely on their own judgements. The Mediator can take a step back from the specific issues, and will encourage the parties to look for the areas which can lead to settlement. Confidentiality is essential so that the parties develop a trust towards the Mediator, who may ask questions to tease out the issues Whatever is said at a mediation is ‘without prejudice’, so that it does not prejudice your case should the mediation fail, and the dispute subsequently go to court. Non-judgemental – The success of mediation comes out of the parties working toward their own solution, rather then having one imposed by a judge.
Success rates	In many cases, mediation is much quicker, cheaper and more successful than litigation. Typically, about 80% of mediations are successful. We all realize that litigation in this country is adversarial. Very often, claimants and defendants are picking up hefty costs incurred over a lengthy and distressing period of time – early intervention via mediation can avoid much of this.
How does a Mediation work?	After the decision to go to Mediation is made, an Agreement to Mediate is signed by the Parties(see below). This confirms fees and legal conditions. On the day of the Mediation, the Parties meet at an agreed neutral venue. The Mediation usually starts with a round-table meeting where the Parties set out their positions. The Mediator will then go into separate sessions with the individual Parties, in order to explore the issues and possible resolutions. How this then continues depends on the nature of the dispute. Typically, a mediation could last up to four hours or more. At the conclusion of a successful commercial mediation, a written Agreement is usually made between the Parties. It is advised that the parties take legal or professional advice before signing this binding Agreement. The mediation may be terminated by either of the parties or the Mediator without reasons being given.
Agreement to Mediate	This typically contains the following elements: • The Mediation will be held according to the Agreement • The Parties agree that the Mediator is independent • The Mediator has no financial interest in the outcomes of the mediation • The Parties will supply the Mediator with any appropriate documents • The Mediator has the authority to establish the order and priorities for the sessions • The Mediator has no authority to render a binding decision Additionally, the Parties agree to the fee structure as laid out in the terms and conditions, including settlement and cancellation. The Mediation is confidential and all information is without prejudice and is therefore inadmissible in a litigation or arbitration. Evidence which is admissible shall not be rendered inadmissible. Parties will not require the Mediator to supply evidence or produce records, notes or any other material, in any proceedings. Parties are recommended to take legal advice before and during a mediation and prior to signing an agreement arising out of a mediated settlement. Any documents, statements or material held in confidence by the mediator will be returned or destroyed. The Parties discharge the Mediator of any liability that may arise in conjunction with the mediation The Parties confirm that they or their representatives have the authority to commit and bind them to an agreement arrived at through a mediation.
Peter Creed	As an experienced negotiator and trainer, Peter Creed has been assisting commercial dispute resolution since 1990. At that time, he was working in a training and consultancy role with companies such as Siemens, British Telecom and Volkswagen. He first developed negotiation training for commercial purposes in 1992. This has since been used in many UK and European companies, government agencies and public organisations. He first worked in commercial mediation in Germany in 1990. Since then he has conducted mediations in both the UK and Europe, on behalf of commercial, government and non-government organisations. He has conducted mediations in a wide range of cases, including Landlord/Tenant, professional indemnity against Solicitors and other chartered professionals, Insurance, Engineering and Transport infrastructure, Telecoms and Power Generation, over a wide-range of claims. He is a registered mediator, and serves on the panel of ADR Group Ltd, from whom he has received county court referrals. www.adgroup.co.uk www.mediationatwork.co.uk
Fees	£300 00 + VAT per party = base fee per 3 hour mediation. Additional hours or parts thereof charged at £75 00 + VAT per party. Preparation time and travel time are included in the above rates. Travel expenses – 40p per mile