I offer a range of mediation options proportionate to the size and complexity of your dispute.
OPEN ENDED OR MULTIPLE DAYS MEDIATION
For some disputes it is sensible to place no time limitation, or to plan for two or more mediation days. Typically these will be complex, high value or multi-party disputes, or involve issues of great delicacy. I am always happy to advise on how these are best arranged – for example over consecutive days or with a break in the middle. Frequently a pre-mediation conference (possibly by telephone or video-conferencing) will be necessary to plan the process.
8 HOUR TIME LIMITED MEDIATION
This is a time-limited mediation based on an 8 hour (usually 10.00am to 6.00pm) day. Experience shows that this is sufficient time to work through any difficult issues and then conclude a negotiated settlement. The vast majority of disputes are capable of being resolved in this timescale if the participants are well motivated and properly prepared. However, if time is running short but progress is being made then additional time can be agreed. The majority of my mediations follow this model.
4 HOUR TIME LIMITED MEDIATION
These are an excellent choice in many straightforward money claims where the parties and their lawyers have thoroughly prepared their risk analyses and are ready to move quickly to a negotiation. There will be very limited time to explore issues or work through emotional concerns. Preparation is the key to their success. I provide a risk analysis template to participants to help them prepare, and ask that the documents are limited to 100 pages. If real progress is being made then more time can be agreed.
90 MINUTE TELEPHONE MEDIATION
These are increasingly popular in smaller money claims where the flexibility of telephone contact can be extremely convenient, particularly where the disputants are geographically far apart or where some people have mobility problems. Again, preparation is vital, and I provide a risk analysis template and ask that documents are kept to a minimum. I generally start with a conference call with all participants, but then move to individual telephone discussions, with a final conference call to sum up the outcome. The telephone contact does not need to take place over a single session, which makes this approach very convenient for those on a busy schedule.
VIDEO CONFERENCE MEDIATION
This is an excellent and practical alternative to a face-to-face mediation using online video conferencing technology, so you don’t have to leave your own home or office. It’s ideal where there are reasons why a face-to-face mediation is unsuitable, such as disability or geographical distance. It’s great for international mediations. It can be used for half or full day mediations. I recommend Zoom, which is free and can be downloaded here.
MED-ARB
This is a hybrid mediation-arbitration approach which is increasingly popular in the US. British lawyers tend to be cautious about new Alternative Dispute Resolution (ADR) ideas, but I strongly recommend that they give this option a try.
It has great benefits for situations where both parties want a resolution to the dispute at a manageable cost, but where there may be an unbridgeable financial gap.
If you think this approach may be appropriate for your dispute, please don’t hesitate to call me to discuss.