The Courts are often expressing their fondness towards mediation by suggesting it as means of resolving a dispute alternatively, as well as imposing sanctions to parties that unreasonably refuse to mediate.
Outline of Mediation:
The parties to a dispute can agree to appoint a commercial mediator to help them reach a settlement either before or after court proceedings have begun.
Once appointed, the mediator and the parties arrange a time and place for the mediation, which generally lasts no more than one day. Before the mediation takes place, each party submits a brief written summary of its case, supported by copies of key documents.
The mediation process is completely confidential between both parties; there is no strict need for any disclosure of settlement to the wider public (unless the parties agree to do so). A Court judgment, alternatively, is usually a public document and has the potential to be damaging for the losing party (and sometimes all parties).
Also, just like going through the Courts, mediation is legally binding (once the terms have been put into writing and signed by the parties.
Amongst other benefits, the cost benefit of mediating is very clear; Howlett Clarke’s fees for mediation are outlined below.
Even where settlement is not achieved, mediation helps the parties to focus on their further steps. It also encourages the other side to come to the negotiation table despite potential reluctance.
Fees and Costs:
Our mediations are not just limited to our office location of Brighton, they can be conducted anywhere in the country.
Our price guidelines are as follows:
½ day mediation: 4-hour mediation together with all preparation, pre-mediation contact and travelling time: £500.00 per party (excluding VAT and travelling expenses);
Full day mediation: for an 8-hour mediation to include all preparation, pre-mediation contact and travelling time: £850.00 per party (excluding VAT and travelling expenses);
Additional hourly rate to the foregoing, if required: £120.00 (including VAT).
At Howlett Clarke, our Brighton office has full mediation facilities for a four party dispute.
Our standard mediation agreement can be found here.
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