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 David Schmitz, 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.

Mediation Fees
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.

The Mediators

Andrew 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 wills.

David 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.

Administration
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.