Mediation

Talk to an advisor

If you have a question about our services please don’t hesitate to get in touch for further information via our enquiry form or by contacting us

Taking your dispute through the Courts can be expensive and extremely stressful. Our direct access Barristers are highly skilled advocates and will do their utmost to guide you through the Court process, but this form of dispute resolution is not always the best method. 

Increasingly the Courts have recognised the benefits to parties of resolving their dispute using alternative methods of dispute resolution (known as ADR). More recently, costs sanctions have been imposed by the Courts against parties who unreasonably refuse to engage in ADR.

Mediation gives you the chance to negotiate and seek to resolve issues in a managed and controlled way. It is not bound by the rules of formal court proceedings, so you can bring up whatever concerns you most – you are not restricted to those issues which are the official, public subject of the dispute. 

It can save you the cost of Court fees and expense of prolonged representation expenses. Mediationcan save you time by ensuring your conflict is dealt with in a speedy, mutually agreeable manner. Moreover, it can easily be carried out remotely to suit your schedule, rather than waiting for a Court date. If settlement cannot be achieved then you can still pursue your case in Court.

Civil & Commercial Mediation can be used to resolve a wide range of civil & commercial disputes. This includes shareholder disputes  Our team of civil direct  access Barristers are able to represent and advise you during a mediation.

Family Mediation is a specialist form of mediation and aims to settle disputes and encourage co-operation between separated parents, particularly where children are concerned. It intends to maintain nurturing relationships between parents and their children.The direct access Barristers listed below are dual qualified as mediators. This means that they can act as a mediator or represent you at a mediation. If you would like to know more about mediation or are looking to instruct a mediator, send us an enquiry or follow this link to access our dedicated mediation website www.disputesmediated.com

Benefits of mediation over court proceeding:

  • Provides good value for money and can help reduce legal costs.
  • Convenient – mediations can be scheduled at a time that suits the parties, not the Court.
  • Completely confidential.
  • Flexibility – unlike rigid Court procedures, the mediation process can be adapted to suit the parties needs.
  • Can be arranged at any point during your dispute, whether at the very start or after positions have become entrenched.
  • Can be used whether or not you have lawyers involved.
  • Facilitates negotiations, with the negotiations being led by an independent, legally qualified and experienced mediator.
  • Enables the parties to enter into a legally binding settlement agreement.
  • Avoids a decision being imposed by a Judge and instead can achieve an outcome that the parties all agree to.
  • Enables parties avoid the pitfalls that can arise in the enforcement of a Court judgment.
  • Enables the parties achieve convenient and practical solutions, including ones which the Court doesn’t have the power to order.
  • Can achieve solutions which can’t be appealed.
  • Can avoid the stress associated with Court hearings.
  • Helps improve future relationships between the parties, whether business or personal.

News and further useful information:

Mediation FAQs

Mediation gives you the chance to negotiate and seek to resolve issues in a managed and controlled way. It is not bound by the rules of formal court proceedings, so you can bring up whatever concerns you most. Increasingly the Courts have recognised the benefits to parties of resolving their dispute using alternative methods of dispute resolution (known as ADR). More recently costs sanctions have been imposed by the Courts against parties who unreasonably refuse to engage in ADR. We specialise on two main areas of mediation: Civil & Commercial Mediation and Family Mediation

Commercial & Civil Mediation encompasses all disputes except family or workplace matters, including contractual disputes, property, inheritance issues etc. Family Mediation is a specialist form of mediation and aims not only to settle disputes, especially where children are concerned, but also to encourage co-operation between separated parents and to maintain nurturing relationships between, grandparents, parents and their children.

We represent individuals, businesses, families, employees and everyone in between. You can also instruct us to act as a Mediator.

Not only can we offer specialist experts in civil, commercial and fmaily law able to expertly advise and advocate on your behalf, but many of our barristers are qualifed Mediators. They can bring this insight into representing you or you can appoint them to act as Mediators, confident that they experts in their field.

You an choose to go to Court, but Mediation is an increasingly common alternative because it gives you the chance to negotiate and seek to resolve issues in a managed and controlled way. It is not bound by the rules of formal court proceedings, so you can bring up whatever concerns you most – you are not restricted to those issues which are the official, public subject of the dispute. Mediation can save you the cost in Court fees and prolonged representation expenses and also save you time in ensuring your conflict is dealt with in a speedy, mutually agreeable manner. If settlement cannot be achieved then the parties are still able to pursue their case in Court.

Mediation can save you the cost in Court fees and prolonged representation expenses and also save you time in ensuring your conflict is dealt with in a speedy, mutually agreeable manner. If settlement cannot be achieved then the parties are still able to pursue their case in Court.

  • Convenience
  • Good value for money
  • Faster than going to Court
  • Completely confidential
  • Flexibility
  • legally binding settlement
  • Practical solutions which Courts might not be able to offer
  • Less stressful

Direct Access, also known as Public Access, allows you to directly instruct a barrister to act on your behalf, without using a solicitor or intermediary as is traditional. You are managing your case. However, not all cases are suitable for direct access and only barristers specifically trained to accept direct access instruction can assist you. Meet our trained barristers here.

We use a 4 step process outlining how you can instruct a barrister directly: Enquire, Discuss, Confirm, Instruct. Each stage is designed so we can make sure your case is suitable for direct access. It enables our clerks to find the right barrister, at the right price, for the right time just for you. Read more about the process here.

  • Represent you at court, before a tribunal, at a mediation and/or arbitration
  • Advise you on the potential outcomes of your case
  • Advise on drafting correspondence, formal Court documents and expert/witness statements
  • Advise you on involving experts
  • Advise you on the next steps in the proceedings. 

  • Liaise directly with the courts and other parties
  • Collect evidence and relevant papers
  • Handle money on your behalf

It is your responsibility to provide clear, concise instructions for your barrister to work towards your desired outcome. They cannot manage your case or your affairs nor can they handle money on your behalf.

Each case is different and some cases are not suitable for direct access instruction. For this area Clients using legal aid are not suitable for Direct Access so should instruct us using a solicitor. 

If your case is not suitable

Some cases require more day to day management so are not suitable for direct access. In this case, we will not progress beyond the Enquiry stage of our process but you can instruct us using a solicitor.

Fees can be a fixed amount for agreed upon work or an hourly rate with a set limit. Your case is unique but our experienced clerks can provide an accurate fee once you have submitted your enquiry form. Generally speaking, fees can vary depend on how senior a barrister is and how many hours work are needed but you’ll be aware of exactly what you are spending. Read more about our fees here.

Mediation team

An easy process

Upon receiving this enquiry form a Public Access Clerk will contact you to discuss your case in further detail. Please see our 4 steps outlining the process of instructing a Direct Access Barrister.

1. Submit an enquiry
Fill out our form, designed to collect as much information as possible about your case.

2. Speak to a clerk
After carefully reviewing your form, a specially trained Clerk will get in touch to confirm if your case is suitable for one of our Direct Access Barristers.

3. Receive a client care pack
Once our Direct Access Barrister has agreed in principle to represent you, you will be sent a ‘client care letter’.

4. Instructing a Barrister
If you want to go ahead after agreeing to your client care letter, it’s time to instruct your Direct Access Barrister. Download a PDF of this process here.

Related insights

Many parents will be subject to Child Arrangement Orders made by the Family Court making provisions for both parents to…

Arbitration and Mediation are the two main forms of Alternative Dispute Resolution (ADR). There is no ‘one size fits all’…

Portfolio Builder

Select the legal services that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)