Q. What does mediation entail?

A. Mediation is a simple process whereby an impartial third party (the mediator) helps parties in dispute to find a mutually acceptable resolution.

Q.  How long does a mediation last?

A.  The length of the mediation process will obviously depend on the complexity of any particular scenario, although, in our experience, most disputes can be settled during or following a mediation lasting just one day.

Q.  If I decide I wish to mediate can I just go ahead and arrange one?

A.  No, all parties in the dispute must agree to the process, as costs will typically be split equally.

Q.  Why should you use mediation?

A.  When successful, mediation prevents disputes from descending into litigation and court proceedings, which can be very expensive and time consuming for both parties.

Q.  Other than saving costs, what else does mediation offer?

A.  Perhaps more importantly, where a mediation has been succesful and an agreement has been reached between the parties, is the fact that those parties’ business relations remain intact and ongoing. Mediation uses collaborative problem solving to ensure a “win/win” solution that is acceptable to all, with a focus on the future rather than apportioning blame for what has happened in the past.

Q. When should you use mediation?

A.  There is no hard and fast rule, although the benefits of mediation will be greater the sooner it is used. The process can be initiated at any stage in a problematic situation, even prior to speaking to a solicitor.

Q.  Why should I use North West Mediation Solutions?

A.  At whatever stage you decide to use mediation, North West Mediation Solutions is able to assist, by providing accredited, innovative mediators who understand business and appreciate that facilitating agreement between the parties is highly beneficial to those parties. The administration of North West Mediation Solutions is carried out by our “clerk” who would be the first and final point of contact in the provision of a suitable mediator and, where required, by

• providing information about the available and suitable mediators for your particular problem;
• arranging pre-mediation discussions with the chosen mediator, if required;
• liasing between the parties and the mediator in relation to documents etc.
• liasing between, and on behalf of the parties and their legal respresentatives, in the arranging of an appropriate date for the mediation, if necessary
• arranging appropriate accommodation and ancillary facilities, if required.

Q. You’ve already said mediation save costs – how can that be when it’s an additional step in the process?

A. In at least 80% of cases it is not an additional step because the case settles at the mediation or shortly thereafter, thereby saving the costs of trial.

Q. Can you give an example?

A. As briefly as possible. Assume that the mediation takes place four weeks before trial, with a claim valued at £750,000 and a mediator’s fee of £5,000 + VAT for the one day mediation and necessary prior preparation. At that stage it is doubtful whether any barristers’ trial fees will have been incurred, but they will shortly become incurred. Now assume that there are three expert witnesses for each side, plus employees of each party, and it is likely that the trial will last for three to four days. The fees for one party’s barrister could be £10,000 + VAT for the first day, plus £2,000 + VAT for each subsequent day. SO if the mediation settles the case there is an obvious saving of £11,000, without taking into consideration additional solicitors’ and witnesses fees.

Q. BUT what if the case doesn’t settle – the £5,000.00 is an additional cost?

A. Not necessarily, because at the mediation it is likely that a great deal of information will come out about each party’s case and the subsequent preparation for the trial and its length will be shortened, thereby reducing costs.

Q. Does it take a long time to instruct a mediator?

A. No. A mediation can be arranged within a seven-day time scale, or sooner.