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Mediation

What is mediation?

Mediation is a form of non-court-based dispute resolution where the parties to litigation  meet with the intention of discussing a way to resolve their differences. The meeting is facilitated by an independent mediator. The mediator will have had special training to try and assist the parties, initially in trying to narrow the issues between them and will ultimately try and provide them with some assistance in the negotiations.

Unlike a judge or an arbitrator, a mediator does not pass judgment and does not take sides.

A mediator is engaged jointly by the parties to the dispute and so acts independently and impartially.

Talk to our team

Speak to a member of our dedicated mediation team today

Call 0800 652 8025 Send us an enquiry

Why choose mediation?

  • Mediation is a much less stressful and expensive process than litigation.
  • With mediation, the solution is driven by the parties and not by the process, meaning that any outcome is possible. For example, parties to a dispute might agree a new basis for moving their relationship forwards which is a remedy that a court could not grant.
  • Mediation is very effective; the vast majority of disputes referred for mediation settle either at the mediation or very shortly thereafter. This brings finality and certainty to the parties, and also avoids the need for litigation.

The courts very actively encourage mediation Parties can be punished in the form of costs orders if they unreasonably refuse to engage in the process, and in some circumstances the court can force litigants to mediate with each other. The judiciary’s approach to mediation means that it will become a core element of the dispute resolution process.

Preparing for mediation

At Clarke Willmott, we accept mediation appointments from solicitors, barristers, mediation houses, in house counsel and private individuals. Choosing the right mediator for your dispute is key; all of our mediators have a wealth of experience and expertise in the field. Up to date CV’s can be provided on request.

Once engaged, the mediator will aid your preparation by setting out what they need to assist for the mediation itself. Typically, this will involve some written statements setting out the party’s position and a small bundle of relevant papers.

As well as providing a mediator, we can also offer a neutral venue to host the mediation at any of our offices in Bristol, Taunton, Cardiff, Southampton, Manchester, Birmingham or London at no additional cost

How our mediation services can help

We offer mediators that specialise in a wide range of business and property client law, such as:

Testimonials for our mediators

Alex was very helpful, realistic and focused on getting a settlement. His ability to understand both parties’ positions and to guide them to a sensible settlement was key in achieving a settlement. He has an extremely practical approach.

Partner of firm defending a professional negligence claim

Had it not been for Peter McHugh’s skill and expertise, we would not have reached a conclusion to the complex case.

– Party to a mediation

Can we help you?

If you want to enquire more about our mediation services, please call free on 0800 652 8025 or get in touch online.

Send an enquiry

Mediation – TC

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Your key contacts

Alex Jakubowski

Mediator

Bristol
Alex Jakubowski is a partner and mediator in Clarke Willmott’s litigation team. He has had a varied litigation career, acting for a range of commercial and private individual clients.
View profile for Alex Jakubowski >

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