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Mediation

Mediation

Our experienced Mediation Barristers are experts in all aspects of mediation law as it applies in the resolution of legal disputes. They are regularly asked to advise in contentious cases, and have sound knowledge of the professional mediation bodies and mediators.

Mediation occurs when parties in a dispute agree to settle their differences and compromise without going to court. Mediation is usually performed before an independent third party who is qualified to facilitate amicable settlement in a particular sector. Mediation is available to all parties before or during a dispute before the conclusion of a trial.

Given the increasing administrative backlogs in domestic courts, mediation is a gradually popular method of alternative dispute resolution for those seeking to resolve all types of disputes, privately and cost-effectively. If the parties cannot agree, the dispute would remain unsettled and the parties retain the right to pursue formal dispute resolution, where a court will make a final decision.

Mercantile Barristers’ mediation barristers have decades of experience in resolving individual disputes and business disputes by mediation across our practise areas.

Civil & Commercial Dispute Mediation

Whether you are a sole trader, a company director or a corporation, business disputes are common and unavoidable. With the increasing cost of litigation, business owners are often seeking civil and commercial dispute mediation to resolve their business disputes.

Where a business is concerned, our priority is to assist in the resolution of disputes with minimal disruption to the business as possible. Our mediation barristers have experience in mediating all types civil and commercial disputes including:

  • Contractual Disputes
  • Director Disputes
  • Shareholder Disputes
  • Professional Negligence Disputes
  • Misrepresentation Disputes

Private Client Dispute Mediation

Disputes often arise when family members die and there is an issue regarding who should receive what from an estate. Whether it is a family trust, or a family business, family conflicts are acutely tense and sensitive given their personal and intimate nature. Our expert mediation services help parties take back control of the dispute and find a resolution which is acceptable to all.

Where family is concerned, our priority is to assist in the resolution of disputes without resorting to long drawn out court battles, where the consequences are inevitably heightened and the loss of personal relationships have long lasting ramifications. Our mediation Barristers have experience in mediating a variety of private client disputes including:

  • Family Business Mediation
  • Family Trusts Mediation
  • Inheritance Mediation
  • Probate Mediation

Property Dispute Mediation

Property Disputes are common with more people living in tighter spaces and closer together. You may be a freeholder; long leaseholder; landlord; or tenant and feel that your property rights are being infringed by your neighbours or identifiable third parties. With the increasing cost of litigation, parties with property interests are often seeking property dispute mediation to resolve their property disputes.

Where property is concerned, our priority is to assist in the resolution of disputes with the least disruption to a client’s property rights, or quiet enjoyment of their property. Our mediation barristers have experience in all types of property dispute mediation including:

  • Co-ownership Disputes Mediation
  • Commercial Landlord and Tenant Disputes Mediation
  • Boundary Disputes Mediation
  • Professional Negligence Mediation
  • Residential Landlord and Tenant Disputes Mediation

Agreement to Mediate

The agreement to mediate will specify how the mediation will be conducted, from the identity of the mediator; to the venue; costs and timings.

Mediation Position Statements

Each party will provide a short Position Statement to be sent to the Mediator and exchanged with the other side. This gives all parties the opportunity to understand each other’s position and what they are hoping to achieve. Our barristers are able to advise you on how to succinctly articulate your position in an appropriate statement.

The Mediation

On the day of the mediation, whether virtually, or physically, all parties if they agree set out their positions orally. They then break out into separate rooms, with the Mediator moving between both rooms in order to understand each position better and then relay that position to the other side. In the process the Mediator will be free test the party’s positions confidentially, seek to encourage reasonable compromises and concessions, in order to facilitate a reasonable settlement and thus avert eventual litigation should the mediation fail.

Mediation Settlement Agreement

The aim of a successful mediation is a mutually agreed resolution between the parties in full and final settlement of their dispute. The terms of full and final settlement are then captured in a legally binding Mediation Settlement Agreement which may be enforced in court.

 

How can we help with Mediation?

Our Mediation Barristers can advise and represent parties to a mediation. Our mediation barristers have particular experience in:

  • Advising on whether to mediate or litigate
  • Advising on the merits of the mediation
  • Advising on Mediator Appointment
  • Drafting Mediation Position Statements
  • Advising on the Mediation issues
  • Advising on the relevant evidence to adduce
  • Leading the Mediation Advocacy
  • Advising on Mediation Compromises
  • Advising on the Mediation Settlement Agreement
  • Drafting the Mediation Settlement Agreement
  • Enforcing Mediation Agreements

Mercantile Barristers have expertise in providing advice and representation for claimants and respondents in mediation proceedings. Our aim is to represent our clients to maximum effect through skilled drafting of papers and effective representation during mediation to facilitate an amicable compromise. If you require mediation advice and support contact our Mediation Barristers today by filling in our Enquiry Form, emailing us at enquiries@mercantilebarristers.com; or contact us by telephone on 0203 034 0077 and we would be happy to assist.

How Our Process Works

Instructing our direct access barristers is the cost effective alternative to the traditional route of engaging a solicitor first.  The process is just as straightforward. Here’s how the process works:
You can call, email, or fill out an enquiry form to tell us about your case. One of our specialist clerks will speak with  you to make the arrangements to advance your case.

You can call, email, or fill out an enquiry form to tell us about your case. One of our specialist clerks will speak with you to make the arrangements to advance your case.

Our specialist clerk will match you with the barrister with the expertise to deal with all aspects of your case. They will also obtain and organise the papers the barrister will have to consider in your case.

Our clerk will agree the fee for your consultation with the barrister beforehand. The clerk will then arrange a convenient time for you to have the consultation by video call, telephone or in person.

In the consultation the barrister will assess your legal position, devise a legal strategy, and give you appropriate advice on the necessary next steps to achieve your objective. 

FAQs

Here are some of our FAQs which you may find of assistance. If not we are happt to talk, call now on 020 30340077

Mediation is a method of Alternative Dispute Resolution intended to help parties resolve legal disputes in a number of practice areas privately and, usually, with the assistance of a qualified mediator. The mediator will impartially work with the parties in an informal, neutral environment, and suggest how each party may compromise. If there’s agreement, this will be formalised in a legally binding contract. If there are still differences, the parties may continue to negotiate, or pursue formal dispute resolution.
Mediation is a method of Alternative Dispute Resolution intended to help parties resolve legal disputes in a number of practice areas privately and, usually, with the assistance of a qualified mediator. The mediator will impartially work with the parties in an informal, neutral environment, and suggest how each party may compromise. If there’s agreement, this will be formalised in a legally binding contract. If there are still differences, the parties may continue to negotiate, or pursue formal dispute resolution.
Mediation is informal and done by consent, so all parties know where they stand in relation to the dispute. Also, it offers a neutral venue and mediator to assist in settling disputes so it is inevitably quicker and cheaper than traditional dispute resolution. Further if sensitive information is at issue, mediations are usually private and cannot be disclosed in court proceedings if they are unsuccessful.
Mediation usually occurs in a neutral venue with at least three rooms: a common room for all parties to gather at the beginning of the mediation and two separate rooms for each side to have private conversations. Mediations are now commonly conducted virtually over Cloud Video Platforms, where breakout rooms can be easily created to facilitate an even smoother and cost-effective mediation.
Depending on the complexity of the dispute, mediation can last between half a day to up to three days. On average mediations are resolved within one day. They may last even longer if the parties show willingness to settle, but are taking some time to do so.
Parties to a mediation will have share the Mediator’s fees to conduct the mediation, before it begins.

Fill in the form below and one of our specialist clerks will get in touch.