Core Solutions




	Legal advisers - please click here to read notes designed to help you best represent your client at a mediation. Why should Mediation work where negotiation has failed? Mediation brings the parties and their advisers together. A mediator will try to move the parties to view each other as collaborators in a problem solving exercise. A mediator can help to introduce objectivity, realism and understanding of the broader picture, including the position of the other side. Discussions with a mediator are private. Often, the result is much more creative than parties would have contemplated. Is Mediation binding? Not until the parties have agreed and documented a solution. If the parties reach agreement, the parties sign a settlement agreement, which is an enforceable contract. Does the suggestion of Mediation to the other side display negotiating weakness? No. It is simply a common sense way of saying to the other party, "let’s talk about this and see if we can resolve the dispute in a way that meets our respective needs and avoids the delay, expense and aggravation associated with traditional methods". How can parties be persuaded to participate in Mediation? Not everyone will immediately agree to participate in mediation. They may need more information about how the process works and whether it meets their needs. Emotions are often highly charged. Core Mediation will contact the other party in your dispute, suggest mediation and provide the necessary information. Sometimes, merely waiting a few days or weeks can make a difference and parties may be more willing to discuss the options more calmly and openly. How much does Mediation cost? Core Mediation provides detailed and specific information about our services and their cost in advance of any expenditure being committed. We will provide you with guidance on whether your dispute is appropriate for mediation. There is no charge for initial advice unless agreed. Fees for mediation are clear, specific and will be agreed in advance on a daily basis (most mediations are completed in one day). Where will the Mediation be held and how soon can it be arranged? Generally in an agreed, neutral venue (such as a hotel) unless the parties agree otherwise. Mediations can be arranged within a few days, depending on parties’ preparedness and availability. Who will attend the Mediation? Generally, the parties will attend. Many parties employ a legal adviser, although this is not always necessary. Mediation often allows parties and their lawyers to get together and overcome fragmented negotiations by bringing the principals to the table. Often, it will be important to have others at the mediation, such as a family member, an employee or official who has been involved with the dispute, or an expert. What is the success rate of Mediation? An increasing number of referrals is being reported - from minor commercial disputes to multi-million pound claims. The success rate is better than 80%. What is the experience of Mediation elsewhere? In England, mediation has grown substantially as a result of the recent reforms in civil procedure. It has taken firm root in many other countries including the United States, Australia and Canada. Click here to read more about developments in Scotland and around the world.