Mediation Services from Moore & Tibbits

We are pleased to announce the launching of our new mediation services from Moore & Tibbits. Senior Solicitor - Advocate, Judith Owen is an accredited mediator with an established background in litigation and civil mediation and is ready to help with all civil and commercial mediation needs.

WHAT IS MEDIATION?

It is a voluntary process where two or more parties involved in a conflict, enters into communication via a neutral third party (the Mediator). The Mediator helps the parties to reach a mutually suitable agreement, without taking sides, providing legal advice or passing judgement. The terms of any agreement reached is then put into a written document, namely a Settlement Agreement, which, upon the signature of all parties, becomes a legally binding contract. 

WHEN MIGHT I NEED IT?

Mediation is usually required before a dispute proceeds to court; however, it is becoming more common for disputing parties to enter into negotiations at a very early stage. This is particularly the case in commercial disputes, where, following a successful mediation, relationships can continue unharmed and business between the parties can continue.

HOW DOES MEDIATION WORK?

Mediations will take place in a neutral venue, often in an office, or hired space such as a hotel with meeting facilities.  There would be hire costs which would be additional to the mediator’s costs.

Whichever venue is used, there would be three rooms. One for each party and one for the Mediator. The parties, therefore, do not need to see each other, although sometimes, where the mediator deems appropriate, they might suggest that the parties come together in the mediator’s room and discuss the issues together, but this is not always the case. 

Whilst the parties are in their separate rooms, the Mediator will move between each Parties rooms, facilitating the discussions. What is discussed between either party and the Mediator is kept confidential and the Mediator does not disclose any information, unless asked to do so by the Party. The Mediator will have worked through each issue with both Parties to explore the options, thereby facilitating any possible terms for agreement. The entire process is confidential and without prejudice.

Once any agreement is reached, the terms are recorded in a Settlement Agreement, which both Parties sign, and the Agreement becomes legally binding.

CAN A MEDIATION TAKE PLACE VIA AN ONLINE PLATFORM?

Yes, mediation can take place via a video conferencing platform, such as Zoom or Teams. The mediation works in exactly the same way, the only difference being that instead of the Parties being in physical rooms, they will be in their own virtual rooms.

Here at Moore & Tibbits, we support the Green Pledge, which means that we will use online video mediations as often as possible, to reduce travel needs and thereby, doing our bit to lessen pollution. It is also our preference to use electronic bundles, rather than paper bundles, as often as possible.

WHAT IS THE COST OF MEDIATION?

This will very much depend upon the type of case and complexity of the case, however, the costs are split equally between the Parties and paid in advance. As previously explained, there will be a cost for room hire on top of the cost for the Mediator, and this will be split equally also, between the Parties. 

If you need more information regarding civil or commercial mediation, please contact Judith on 01926 491181 or 07415 421349 email:  JudithO@moore-tibbits.co.uk.