Mediation

What is mediation?

Mediation is a form of non-court-based dispute resolution where the parties to a civil dispute meet with the intention of discussing a way to resolve their differences. The meeting is facilitated by an independent mediator. The mediator will have had special training to try and assist the parties, initially in trying to narrow the issues between them and will ultimately try and provide them with some assistance in the negotiations.

Unlike a judge or an arbitrator, a mediator does not pass judgment and does not take sides.

A mediator is engaged jointly by the parties to the dispute and so acts independently and impartially.

Why choose mediation?

• Mediation is a much less stressful and expensive process than litigation.
• With mediation, the solution is driven by the parties and not by the process, meaning that any outcome is possible. For example, parties to a dispute might agree a new basis for moving their relationship forwards which is a remedy that a court could not grant.
• Mediation is very effective; the vast majority of disputes referred for mediation settle either at the mediation or very shortly thereafter. This brings finality and certainty to the parties, and also avoids the need for litigation.
• The courts very actively encourage mediation; indeed, . The judiciaries approach to mediation means that it will become a core element of the dispute resolution process.

Preparing for mediation

At Clarke Willmott, we accept mediation appointments from solicitors, barristers, mediation houses, in house counsel and private individuals. Choosing the right mediator for your dispute is key; all of our mediators have a wealth of experience and expertise in the field. Up to date CV’s can be provided on request.

Once engaged, the mediator will aid your preparation by setting out what they need to assist them in preparing for the mediation itself. Typically, this will involve some written statements setting out the party’s position and a small bundle of relevant papers.

As well as providing a mediator, we can also offer a neutral venue to host the mediation at any of our offices in Bristol, Taunton, Cardiff, Southampton, Manchester, Birmingham or London at no additional cost.

How our mediation services can help

We offer mediators that specialise in a wide range of commercial and private client law, such as:

• Commercial Litigation
• Corporate litigation (such as directors and shareholders disputes)
• Private Client Litigation
• Agricultural Litigation

Why choose Clarke Willmott for mediation

“Alex Jakubowski is a highly respected figure in the market, earning praise from interviewees who say: ‘He is methodical in his approach, while offering sound technical and strategic advice’.” Chambers UK 2018

“Delivers to a defined deadline and budget.” The Legal 500 2015 speaking of Andrew Beedham

“I don’t think we could have had a better solicitor to help us through this. We have all worked well together no matter how complex it all became. You have a way of keeping things logical, sensible and of taming us even when tempers are high.” Client of Mark Scotney

“Peter McHugh is very easy to get on with, he listens and is quickly able to grasp the issues and deliver swift results.” Client

“Gareth Schofield is lauded as ‘one of the heavyweight matrimonial solicitors’ in the region.” Chambers UK 2018

“Anthony Fairweather is ‘very knowledgeable’.” Legal 500 2017

Representing you at a mediation

Our solicitors are also well practiced at representing parties at the mediation itself and have a deep understanding of the process. We can help you prepare for the mediation, attend as your advocate and support you through the day by giving you advice and guidance as offers come from your opponent.

Can we help you?

If you want to enquire more about our mediation services, please call free on 0800 652 8025 or get in touch online.