|Mediation plays an important, cost-effective
role in the process of dispute resolution. A mediation is not a trial or
an arbitration and the Mediator's function is not to provide a judgement
or make an award, nor (usually) to express any view on the merits of the
In mediation a qualified, neutral
third-party mediator helps the parties reach a binding settlement in confidential
and 'without prejudice' negotiations. Statistically, about 80% of mediations
result in a settlement.
Ten Old Square mediators are provided
to clients who wish to seek a mediated settlement to their dispute. We
will provide a mediator who is an experienced practising barrister and
who also holds a recognised accreditation as a mediator.
Barristers are well qualified to
act as mediators. They have a proven ability, developed over many years
in practice, to absorb complex issues quickly; react to rapidly changing
negotiations and appreciate the conflicting needs of parties. Our mediators
also have the important additional qualities needed for facilitating negotiations
and considerable experience of the process of mediation.
A useful article on mediation, written
by one of our mediators
is available here.
Type of Cases
Parties often prefer a mediator
with experience in the subject matter of the dispute although this is not
essential. As a general guide our mediators have experience in every aspect
of commercial and Chancery law.
In essence a basic pre-mediation
fee is charged for all preliminary work undertaken by the mediator, then
a fee is charged for an (up to 8 hour) Mediation Day. An hourly rate is
then charged for any additional work. The level of fees varies according
to the value and complexity of the claim. A tariff of the cost of appointing
and using a Ten Old Square mediator can be found here.
The costs of providing a venue, if
required, are usually divided equally between the parties to the mediation.
G Walker has been a CEDR accredited Mediator since 2001, took the
CEDR Advanced Negotiation Skills course in 2002 and attained CEDR registered
mediator status in 2003. As a mediator, he is willing to undertake cases
in most fields, in addition to those in which he has particular or current
specialist experience. He acquired a further qualification in psychological
counselling in 2005. The disputes with which he has been concerned have
included international contracts (technology), education, inheritance and
succession, insurance, partnerships (agricultural, business, medical),
professional negligence (architects, solicitors, engineers), psychiatric
injury (childhoold abuse), real property (land development), trusts and
Schmitz qualified as a mediator with ADR Chambers in 2000. He has
appeared as an advocate or as Mediator in mediations concerning petrol
station franchises, unlawful eviction, a commercial tenant's obligation
to insure demised premises, the fees of a marketing agent and solicitor's
negligence. David believes that a mediator can often be most helpful if
he meets with each of the parties and their lawyers separately for a speedy
but thorough reality check. In this way, each party is able to assess its
risk in the litigation, to put a "price" on those risks and thereby achieve
a compromise which fairly reflects those risks.
Every mediation we undertake is
assigned to one of our clerks. The clerk to the mediator is then responsible
for all administrative matters such as fees, documentation, and (if desired)
fixing a date and venue for the mediation. This ensures a continuity of
service and a bespoke level of support, removing the burden of administration
from the parties' representatives and the mediator. It is carried out in
close co-operation with the mediator so that any aspects relevant to the
mediation itself can be speedily addressed.