Mediation

“The majority of solicitors favour mediations, considering them more effective and less traumatic than going to court”

And yet people still go to court to settle their differences.

Litigation is often a last resort for many cases. There are cases which cannot be settled through mediation and these do need to be decided by the courts.

It is often useful to use mediation to settle part of a case and resolve the remaining part at court.

Mediation is made up

1. An independent negotiator or mediator
2. An open mind by the parities to resolve their problems
3. Wanting to move on in life

Whats is Mediation

"It's cheaper than going to court and works so much better."

"Gives you space to work out your problems..."

“…understanding why parties get into deadlock, understanding how they can be helped to move on, and creatively applying this understanding to a variety of situations.”

“Mediation can help to prevent future problems…”

“Mediation does not have to involve all
the issues, it can focus on just some of them.”

Mediation allows parties to explore, in a safe environment their differences, whether professional or personal. Guided by the Mediator the parties are assisted to resolve their issues and differences till they are satisfied.

How does Mediation work

A Mediator brings with them skills of problem solving, negation, listening and communication. They act in a neutral way, challenging and motivating parties to see the strengths and weaknesses of everyone issues, including their own. Through this process parties are encouraged to find solutions particular to their problems, allowing them to take control of the outcomes.

Parties often arrive at a mediations with both problems and emotional issues. Going to court may resolve the problem, leaving the emotional side unchallenged. Through exploring both problems and emotions, the Mediator allows a solution to form which is more beneficial to the parties whole needs.

Mediation can help resolve emotional blockages and deadlocks, exploring why problems arose in the first place. It helps parties see realistically what is going on, and how best to reach a settlement to which everyone agrees.

Why Mediate and not go to Court  

Mediations are suitable for many court cases. Mediation is not a soft option, it is challenging, it restores communications, allows feelings to be explored and promotes openness between parties to settle their differences.

Mediations can be arranged quickly and often cost less than going to court.

Mediations can be used before there are any dire concerns.

Starting Mediations

Mediations may be conducted before or after legal action is started, or a concern raised with the court. They are held in private, with parties signing confidential agreements. Mediations often are held to avoid potential problems, where issues need to be resolved quickly, or parties need to protect their working relationship.

Mediation allows parties to express other views or issues associated with the main concerns, which allow parties to form better working relationships.

Mediation costs

Craybeck Law will organise the mediation for you. Many mediations are run over half days with costs starting from £600 for 3 hours or £975 for 5 hours mediation. Additional hours are charged at £125 per hour or part of it. Mediation fees are split between parties. There is also meeting room hire costs, travel and accommodation costs.

Going to Court

Instead of mediating the matter may go to court.

The average court hearing lasts around 2 hours to 3 hours. The case is decided by a judge who is persuaded by the solicitor or barrister representing the client that their case has more merit then the other sides case.

The average fees for this are

• A barrister to represent you - £2000 plus VAT
• Client's solicitor to attend hearing - £750 plus VAT

These total £2750 for the hearing.

• The average Mediation is £975 plus VAT for 5 hours.

The difference in cost being - £1,7775.

With Mediation the parties or clients are directly listened to by the mediator. This means that their views are specifically taken into consideration.

Our Mediator

Our mediator Craig Ward of Lundie MSc TEP AKC has a psychology degree as well as a counselling qualification. He is a solicitor with experience in general civil litigation, elder abuse cases, the court of protection, commercial matters, probate disputes and family law. He is a CEDR accredited mediator.

Craig Ward of Lundie wrote the Law Society's textbook on Lasting Powers of Attorney (4th Ed) 2019. Also Vol 31 Encyclopaedia of Forms and Precedents: Powers of Attorney byLexis Nexis (6th Ed) 2021.

Contact Craig Ward of Lundie now on ‭0207 060 1210 to book your mediation.