Mediation2020-07-22T10:42:35+00:00

Mediation

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Civil and Commercial Mediation

What is Mediation?

Mediation is an effective method of resolving disputes between two or more parties. The mediator, a neutral independent qualified professional, assists all the sides in negotiating a mutually agreeable settlement.

The Mediation process (which usually takes place over one day), involves talking through the issues with each party and discussing possible solutions; each party can raise any concerns. By the end of the process the Mediator will help them reach a legally binding arrangement.

Participation in mediation is voluntary and the process is private and confidential. The decision to settle and the terms of an agreement rest solely with the parties themselves, not the mediator. Most mediations are allocated a day and frequently settle on the day or shortly thereafter making it an attractive alternative to drawn out litigation, whilst reducing your legal costs and the stress associated with taking a dispute to trial.

Overview of Some Disputes

Below is a list of some disputes which can be mediated, including but not limited to:

  • Property related Disputes

  • Landlord and tenant disputes

  • Nuisance claims

  • Contested Wills and Probate matters

  • Disputes between businesses

  • Professional negligence

  • Employment disputes

WHAT ARE THE BENEFITS OF MEDIATION?

Ansham White Solicitors offer mediation to all our clients.  In particular, mediation provides the following benefits:

ALLOWS YOU TO RETAIN CONTROL

You can choose where and when the mediation takes place and who attends by agreement.  It is necessary for all of the relevant parties who have the authority to settle to be present and/or available.

ALLOWS YOU TO RETAIN OR REPAIR RELATIONSHIPS

Where the dispute is with a business or a relative, mediation allows discussions to take place in a way that can help build bridges, repair family relationships and retain goodwill of a valued customer or employee.

FAST AND EFFICIENT PROCESS

Mediation can take place at any point in the dispute, regardless of whether court proceedings have been issued or not.  In mediation, issues are almost always resolved within a day.  However, in contrast the court will rarely decide a case within a year.

GUARANTEED CONFIDENTIALITY

All communication between the participants during mediation is without prejudice (‘off the record’) and cannot be used against you in Court or referred to at a later date.  You can agree to keep all the discussions confidential so that no one else will become aware of any commercial decisions agreed between the parties.

STRESS FREE CONSULTATIONS

The settings and environment during mediation can be less stressful in comparison to a court room, where you might be expected to swear an oath in a witness box and have an opponent or judge scrutinise you. With mediation you can decide in advance the key issues you would like to address, who does the talking and even whether you are in the same room as each other

HELPS MAXIMISE PROFITS

Most court cases require all relevant documents to be served on the other party within specified timescale dictated by the court. This can result in significant disruption to business and use up many working hours that could be spent maximising profits. With mediation matters can be resolved in one day.

At Ansham White Solicitors we are committed to offering a mediation service that facilitates a quick settlement of your dispute.

LEGAL EFFECTS OF SETTLEMENT

Upon the agreement of the terms of settlement from both parties, the agreement becomes legally binding and is therefore enforceable as a contract.

WHEN CAN MEDIATION TAKE PLACE?

Mediation can commence at any time during a disputed matter, this may be before court proceedings, during or even after.

FEES FOR MEDIATION

The costs for mediation are usually split between the parties. At Ansham White our charges for mediation are set out below:

 

Half Day Mediation £500.00 plus VAT per party
Full Day Mediation £750.00 plus VAT per party
Venue hire – £200.00 plus VAT per party

 

We have an accredited civil and commercial mediator within our team who can skilfully deal with your matter whilst having the legal knowledge required to grasp any complex issues within your case.

 

For your free 20 minute initial consultation

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