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How do I prepare for Mediation?
A mediation is a great opportunity to resolve a dispute quickly and cost effectively. It is important to be as prepared as you can to make the most of the time available. Considering that a court case can take not months but years to reach trial, the advantage of a resolution within a day is […]
Mediation – Yes, everything is confidential….with some exceptions
The without prejudice protection offered by mediation is often one of the main attractions to this means of alternative dispute resolution. What is said cannot be used in a later trial or court hearing as it is protected under the Mediation Agreement which reinforces this protected status in the form of a signed contract. However, […]
Solving Disputes with Creative Commercial Solutions
There are some fantastic examples of innovation and creativity in business at the moment as companies move to remain solvent during lockdown. When it comes to disputes, the same commercial acumen should be the first to come into play in trying to find the best solution when faced with all the options. All the options invariably […]
How to Choose a Venue for Mediation
There are some key criteria to consider when selecting a venue that can help a mediation run smoothly. Is a neutral venue preferable? If the parties have solicitors or barristers representing them, often a mediation can take place at one of their offices. It’s often the cost effective option and therefore makes sense but there […]
Online Mediation an alternative to meeting face to face
Online mediation can bring together parties in dispute from all over the UK and abroad. It provides a means of resolving issues that are preventing progress and keeping individuals and businesses locked in the past. As with all mediation, all those participating have to have agreed to take part in the process. A mediation will […]
Will a Mediator force me to reach an agreement?
No, the mediator will not force you to reach an agreement. A mediator’s role is to help the parties in dispute to communicate and find a settlement that each party can live with and move on. A mediator holds a unique position. Everything said to the mediator is confidential. This means discussions you have with […]
Restrictive Covenants in Shareholders Agreements approved by Court of Appeal
On the 4th February 2020, the Court of Appeal considered the enforceability of restrictive covenants in shareholders agreements. This was in the case of Guest Services Worldwide Limited v. Shelmerdine 2020 EWCA Civ 85. The Defendant was a consultant in Guest Services Worldwide Limited and a shareholder. Restrictions in the Shareholder Agreement prevented him from […]
Shall I litigate or mediate? Options to consider when faced with the choice of a Judge or a Mediator
The days of hearing “I want my day in Court” have reduced with the reality of no guaranteed success and the fact that even a court room victory does not secure full recovery of the legal costs. It is rare for a successful claimant to be reimbursed all of their legal fees. If the defendant […]
Concerned about Court costs? How to avoid litigation by including a mediation clause in your contracts
The High Court in Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019] EWHC 2246 (TCC) (16 August 2019) determined that the parties were contractually bound to mediate their dispute before turning to court proceedings. Proceedings had already been issued and were put on hold, or stayed, by the Court to allow mediation to […]
Top Tips for Preparing for a Mediation
Whilst every mediation is different there is a general structure that draws the process together. The following tips align with this structure and are based upon a commercial dispute. Read the Mediator’s briefing notes Most mediators will speak to those attending the mediation beforehand and provide an outline of the day as well as details […]
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