An excellent experience with the mediation conducted by Mr. Whitworth, in a building dispute that had been unresolved for 18 months but quickly settled following his involvement. I will happily use his services again and highly recommend.
Find out more about the commercial mediation process
- Mediation provides just that with 90% of mediations ending in a settlement with 74% agreed on the day, the remainder a few days later after the parties have considered their positions in light of the mediation day.
- Currently due to Covid19 delays, courts are experiencing delays of between 12 -18 months.
- Mediation works well with remote technologies such as Zoom and Teams so sessions can be quickly set up – Jon holds an accreditation in online dispute resolution from the ADR Group.
- Fees for the day include up to three hours preparation, a call to parties before mediation and a short technical rehearsal prior to the mediation. All fees and expenses are split equally between the parties.
- The potential to resolve issues quickly giving significant savings in time, expenses and emotional energy and stress.
- The use of technology negates the need for the parties to hire, or travel to, expensive neutral premises for the day.
- This is the cornerstone of mediation. Everything discussed on the day and in the private meetings is confidential. The mediator will only pass what is agreed by you to be passed between parties
- The process is “Without prejudice”. So even if a settlement was not achieved on the day and the case goes to court what was said during the mediation remains in the mediation.
- This provides an opportunity to think about the issues in a different light freed from the legal positioning and to explore what is really required and acceptable.
- The outcome is confidential between the parties, this can help protect reputations.
- The mediator creates a space where parties can explore alternative solutions that would not be considered in the legal process.
- Alternatives to the adversarial legal system may enable parties to continue to work past the current dispute.
- Any agreement is only binding once both parties have signed it.
Mediation is a process where a neutral party, the mediator, guides conflicting parties to a mutually agreed workable solution.
The process typically begins with a joint opening meeting where both parties put forward their position. This is not necessarily their legal position, though parties often prefer to have their legal representatives present.
Through a mixture of private and joint meetings issues are explored and common ground identified. The mediator keeps what is said in the private meetings confidential and will only pass to the other party what is agreed.
The common ground is developed through bargaining and negotiation into a mutually agreed and workable settlement.
The mediator creates a safe, confidential space where the parties can create a workable solution.
The mediator does not judge or adjudicate. The mediator is completely neutral.
The mediator guides the parties through the process. The mediator will question and test the parties to help them look at their issues and what they really want. This helps the parties create a solid workable agreement.
I have known Jon for 10 years in his former role as a response consultant and always had the greatest respect for his insight, integrity and calm presence in the most challenging of circumstance. He is certainly the person I would want advising me in a complex and difficult mediation situation.
Get in contact for a discussion of your issues and to see if we can work together (trust is essential for success in mediation) and that your issues and situation would benefit from mediation.
+44 (0)7971 843625