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A Successful Outcome
We are lawyers and mediators who believe in collaboration and consensus to close deals and solve disputes.
| dialogue |
| negotiation |
| resolution |
Letter to Client Warning of Duty to MediateThe Mediator's Role
The Mediation Agreement
An example of the mediation process
Briefing the Mediator
The Opening Statement Checklist
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Introductory Mediation letter to client
Dear Client,
GOOD CLAIM LIMITED V STRONG DEFENCE AND NO WORRIES LIMITED.
The courts are now insisting that parties mediate disputes at an early stage. You maybe penalised by an adverse costs order if we do not attempt to resolve the dispute in this way. The fact that your case is a good one is not an excuse for a failure to mediate.
In mediation, a specially trained mediator provides you and your opponent with an opportunity to explore and negotiate a settlement. Mediation is a flexible process and the mediator you appoint does not adjudicate between the parties, or give legal advice, or hand down judgments. What the mediator does do is conduct a process, which involves the exchange of information and a series of private meetings, aimed at helping both parties to consider their needs objectively, from wider than just a legal perspective, to help them reach an agreement.
All discussions and documents that take place in the mediation are privileged and strictly confidential and you will be required to enter into a mediation agreement, confirming this. The principles relating to mediation are confirmed in this agreement and unless otherwise agreed all discussions and documents generated in the course of the mediation cannot be referred to in any court hearing that might subsequently take place.
The main difference between mediation and a court hearing is that a mediator will not decide who is right and who is wrong. At mediation the parties have a unique opportunity to discuss their differences and control the outcome. Until there is a signed agreement between the parties the mediation will have no binding effect and the parties are free to walk away at any stage.
Mediation is currently the most prevalent process.
After you have had an opportunity to consider how you’d like to proceed I look forward to receiving your instructions. If you agree to go to mediation I’ll be happy to advice you on the choice of mediator and to seek agreement to his or her appointment with the other side. Once we have agreed upon a mediator he or she will want to discuss information exchange prior to the mediation and the likely time needed to mediate. I will then discuss with you how best to prepare for the mediation and we can discuss the strategy we think most appropriate to the outcome you are seeking.
Yours faithfully,
Reasonableminds
Alternative Letter to Client
Dear Clients,
WEVEMADEOUR LAST OFFER LIMITED V ITSOUNFAIR PLC
The [claimant’s / defendant’s] solicitor has asked us to negotiate a settlement of this dispute by mediation.
The courts are now insisting that parties mediate disputes and you maybe penalised in costs subsequently if we do not attempt to resolve the dispute in this way. The fact that your [claim / defence] is a good one does not justify a refusal to mediate. For this reason, I advice you strongly to agree to the request.
In mediation, a specially trained mediator provides you and your opponent with an opportunity to negotiate a settlement. Mediation is a flexible process and the mediator you appoint does not adjudicate between the parties in dispute, or give legal advice, or hand down judgments. What the mediator does do is conduct a process, which involves the exchange of information and a series of private meetings, aimed at helping both parties to consider their needs objectively, from wider than just a legal perspective, to help them reach an agreement.
All discussions and documents generated in the course of the mediation are privileged and cannot be referred to in any court hearing that might subsequently take place. The main difference between mediation and a court hearing is that a mediator does not decide the outcome of the dispute; he merely facilitates discussion between the parties, which may lead them to reach a settlement. A settlement can only be reached with your agreement and until that happens you are free to walk away from the mediation at any time. If agreement is reached it will then be documented and signed at which point it will become legally binding.
After you have had an opportunity to consider how you’d like to proceed I look forward to receiving your instructions. If you agree to go to mediation I’ll be happy to advice you on the choice of mediator and to seek agreement to his or her appointment with the other side. Once we have agreed upon a mediator he or she will want to discuss information exchange prior to the mediation and the likely time needed to mediate. I will then discuss with you how best to prepare for the mediation and we can discuss the strategy we think most appropriate to the outcome you are seeking.
Yours faithfully,
Reasonableminds. |
