Civil & Commercial Mediation

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Chris Detheridge is an ADR Group trained and accredited Mediator. With over 15 years experience as a solicitor dealing with civil and commercial litigation, Chris is well placed to use that insight to help parties identify the real issues between them and help achieve satisfactory and
cost effective solutions.

What is civil and commercial mediation?

Mediation is an alternative process to resolve disputes other than court proceedings.

As the name suggests any civil or commercial dispute can be mediated.
Common examples include:-

  • Claims relating to wills and inheritance;
  • Property disputes;
  • Disputes between business owners/ partners
  • Disputes between businesses, e.g. commercial contracts
  • Professional negligence claims, e.g. against surveyors, solicitors and accountants
  • Landlord and tenant disputes
  • Boundary disputes;
  • Employment disputes, e.g. over restrictive covenants.


How does it work?

Chris will hold structured meetings with all parties both individually and, if appropriate, collectively to address the issues and assist you to reach a solution that is workable and fair.

A whole mediation will normally be conducted within one day or a half day depending on the complexity of the dispute. The process is flexible and therefore the format can be adapted to suit your needs.

Will it work?

There is a very good chance you will reach agreement on the day or soon after. The process is voluntary so everyone in attendance recognises the benefit of settlement, which in itself helps achieve a resolution.

What are the benefits?

  • Confidentiality – The process is confidential and nothing said (leading up to an agreement) can be relied upon in court proceedings.
  • Cost savings – The sooner the dispute is referred to mediation, the less each party will spend on legal costs.
  • Speed – Court proceedings can take months or years to reach a conclusion. A mediated settlement can be achieved in a day.
  • Flexibility – You are free to agree whatever enables settlement to be achieved; you can take into account issues and factors that a court can’t consider.
  • Relationships – Court proceedings are by their nature adversarial and tend to end relationships. Mediation encourages communication and understanding and helps preserve important relationships.
  • Avoid Disruption – A court case can take you away from your business or family life for many months; with mediation this is not the case.
  • Control – You decide what is agreed without a court imposing a decision upon you.

 

The courts very much encourage mediation as an alternative way of resolving disputes and a failure to engage in such a process can have catastrophic cost consequences in any court case you might also be pursuing.

Is it binding?

Once a settlement is agreed the terms of that agreement are enforceable as a contract.

When should mediation take place?

You can mediate at any time; before court proceedings have been started or after court proceedings have started. As a general rule the sooner the better.

Do I need a solicitor?

Mediation is informal and flexible; it is possible for you to instruct a solicitor or attend on your own. It can often help to have consulted a solicitor beforehand so that you know your position on legal issues. Chris is also a solicitor and whilst he will not give legal advice, he will identify legal issues to be considered.

How much does it cost?

The cost of mediation is usually split equally between the parties.

We offer fixed fees to suit the length of the mediation and the complexity of the dispute:-

Length of Mediation Value of claim Fee per party (£) plus VAT
2 hours £5,000 or less 150
4 hours £5,001 – £15,000 375
8 hours £15,001 – £50,000 750

 

For cases with a value greater than £50,000 and for a case with a limited monetary value (such as boundary disputes) we will discuss the particular circumstances.

Depending on when you mediate you can expect the cost of a mediation to be as little as a tenth of the cost of taking a case to trial.

Contact Chris

Direct dial: 01743 266 863

Email: chris.detheridge@wmlaw.co.uk

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Chris Detheridge
Director

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Chris Detheridge
Director

T: 01743 266 863
E: chris.detheridge@wmlaw.co.uk

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Download Business Card (vCard)