FREQUENTLY ASKED QUESTIONS
Arranging a mediation
Please contact us either by email or telephone
Tel: +44 (0)121 231 7220
We will provided you with information about the mediation services available. No charge is made for this initial consultation.
If the parties have already agreed to mediate they should send Chambers a statement confirming this, including the names, address and details of the parties involved and any professional advisers. A brief summary of the nature of the dispute should also be included. Chambers will provide, at no cost, CVs of mediators, from which you will choose a mediator.
If you contact one of our mediators directly after finding them on this website, please tell them and inform us of your enquiry, in order that we might keep our records up to date.
Preparation for mediation
Following appointment, the mediator will contact all parties to arrange a convenient time and location for the mediation to take place and co-ordinate an exchange of case summaries between the parties and the mediator if they consider this appropriate. The mediator will provide a mediation agreement for signature by the parties. The fees of the mediation will be agreed between the mediator and the parties, and must usually be paid before the mediation starts. A more informal procedure can be adopted in urgent cases or for preliminary meetings.
The Mediation Process
There is flexibility within the mediation process to suit the parties' circumstances. At the beginning the mediator will explain the procedure. The process can be based on joint or separate meetings of the parties and the mediator. Mediation can initially commence in a joint session (if the participants wish), where all parties can summarise the case as they see it. There will be a period of questioning and discussions chaired by the mediator. The mediator will then meet each party privately to explore the case in confidence. Several such sessions may take place to allow the mediator to become fully briefed on the background to the case and each party's views and interests. This will permit frank discussions to take place on possible options available to resolve the dispute. The mediator will explore these options, and any settlement offers to be made, with each party, but will not disclose any information given in confidence without the relevant party's agreement.
If agreement between the parties is reached, then terms of settlement will be drafted by the parties or their representatives. When finalised, these terms are normally signed by the parties with the intention of forming a legally binding contract. If the mediator or any party feel that agreement cannot be reached on that day, then the mediation will be ended or postponed to a future meeting.
If settlement is not reached on the day of the mediation, the mediator will normally be pleased to carry on assisting the parties in their attempts to resolve any outstanding matters. This should be discussed with the mediator at the time. After the mediation process has come to a close, Chambers will contact the parties for feedback.