Q: What is mediation, and how does it differ from traditional litigation?
A: Mediation is a voluntary and confidential process where a neutral third party, known as the mediator, assists disputing parties in reaching a mutually acceptable agreement. Unlike traditional litigation, which involves courtroom proceedings and decisions made by a judge, mediation empowers parties to craft their own solutions tailored to their specific needs and interests.
Q: What are the benefits of choosing to mediate?
A: Mediation offers numerous benefits, including cost-effectiveness, efficiency, and flexibility. Parties have greater control over the outcome, and mediated agreements often foster better long-term relationships compared to adversarial court battles. Additionally, mediation provides a less confrontational environment, allowing for open communication and collaboration.
Q: What types of disputes are suitable for mediation?
A: Mediation can be used to resolve a wide range of disputes, including family conflicts, neighbour disputes and business disputes. Any situation where parties are willing to engage in open dialogue and explore potential solutions collaboratively can benefit from mediation.
Q: How do you approach mediation as a mediator?
A: As a mediator, my role is to facilitate productive communication and guide parties toward resolution. I employ active listening techniques to understand each party's perspective and identify common ground. Through brainstorming and reality-testing, I help generate creative solutions and assess their feasibility. Ultimately, my goal is to create a safe space for dialogue and empower parties to find mutually satisfactory solutions.
Q: Is mediation confidential?
A: Confidentiality is paramount in mediation, and all communications shared during the process are strictly confidential. This means that each party is in control of what information is passed to the other by the me. Further, all information disclosed is confidential to the mediation, meaning it cannot be used in any later court proceedings if the mediation does not settle the matter. This allows the parties to move away from their stated positions and explore all the options for resolving the dispute.
Q: Are you neutral or do you make a decision?
A: As a neutral mediator, I do not take sides or impose decisions on the parties. My role is to facilitate communication and guide the process toward resolution while maintaining impartiality and neutrality.
Q: What are the long-term benefits of choosing mediation?
A: In addition to resolving the immediate dispute, mediation lays the groundwork for future cooperation and relationship-building. By fostering understanding and collaboration, mediated agreements often lead to stronger, more sustainable relationships among parties. This is particularly valuable in business or family disputes, where maintaining positive relationships has particular benefit.
Q: What training have you undertaken?
A: I completed my training at Centre for Effective Dispute Resolution (CEDR), the leading provider of mediation services and training. Since then I have become a Civil Mediation Council Registered Mediator as well as a member of Association of South West Mediators (of whose committee I am also a member).
Q: How much does mediation cost?
A: For lower value dispute, I participate in the CMC fixed fee mediation scheme where the fees are as follows:
Amount being claimed Fees per party Length of session
£5,000 or less* £75 + VAT 1 hour – telephone/video mediation only
£5,000 or less* £125 + VAT 2 hours – telephone/video mediation
£5,000 to £15,000* £320 + VAT 3 hours
£15,000 – £50,000 £445 + VAT 4 hours
Each additional hour is charged at £100+ VAT per party
For claims over £50,000.00, or for disputes for things other than money, my fees are charged at £150.00 plus VAT per hour per party. Following an initial consultation I will agree with all parties the anticipated length of the mediation and the resulting fees.
Q: When can I mediate?
A: Mediation can take place at any stage of dispute, whether right at the outset, after formal letters of have been exchanged or even once the court process has started. Ultimately, the earlier the parties agree to mediate the more money they save.
Q: Do I need to be legally represented at a mediation?
A: Legal representation is not necessary at mediation. However legal advice, whether at the mediation or in advance, can be helpful in terms of understanding the strengths of your case and the likely alternatives to an agreed resolution. It is important to bear in mind that a mediator my role is not to provide legal advice to any of the parties.
If you any questions about mediation or would like to discuss whether mediation is suitable for your matter, please contact Tadge Channer at John Hodge Solicitors. He can be contacted at tadge.channer@johnhodge.co.uk or by phone at 0117 933 5534.