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Mediation

The Mediation Process

Mediation is a way of resolving disputes without the cost and time of going to court. It’s confidential and involves an independent, impartial person helping both sides reach a solution that both can agree to. Mediation has a success rate of around 80%. The process is absolutely confidential and the mediator is trained to help both parties come to an outcome satisfactory to all involved, typically within a day.
The other side won’t be reasonable so what is the point?

Mediation often succeeds where negotiations fail – by forcing both sides to focus on their real interests and the realities of their situation. Both parties get a reality check about the strength of their case and the likely cost of going to court.

Isn’t it just a “talking shop”?

No. Mr Hancox uses a well established procedure to understand the dispute and focus the discussions to reach a solution.

How does it work?

The dispute is usually resolved in a day. Following an initial joint meeting, most of the time will be spent in private sessions with each party in turn to clarify their positions and consider possible solutions. These sessions are completely confidential and nothing will be disclosed to the other side without express permission. The procedure is flexible and face to face sessions are also used where appropriate.

Will the parties be pressurized into reaching a settlement?

Absolutely not. Sometimes an offer is just not good enough and you should always keep in mind your other alternatives (such as court). You are free to walk away at any time.

If we reach agreement, will it be binding?

Details of the agreement will be written down and signed by the parties. At that point it becomes a binding and enforceable agreement. Care will be taken to ensure that agreements are practical, realistic and have contingency arrangements should anything go wrong in the future.

Our Mediator - Mr Steven Hancox

Mr Hancox is an accredited and experienced civil dispute mediator, as well as a skilled barrister.
Advantages over court hearings:
  • Cost – mediation is usually much cheaper than going to court.
  • Flexibility – the parties are free to find their own solution – often a solution which could not be ordered by the court, however sensible or advantageous it may be.
  • Enforcement – parties are more likely to stick to an agreement which they have reached themselves.
  • Speed – mediation appointments can be arranged within days and matters resolved straight away – usually within a day.
  • Control – mediation is an entirely voluntary process. Nothing will happen without your agreement and you are in control of the outcome.

Fees

Fixed

In any dispute,  it is easy for the costs of the dispute to spiral out of control, often out of all proportion to the value of the property or claim in question. The  fees will be agreed in advance.

Affordable

Keeping overheads low means that Mr Hancox can provide a professional service at a reasonable cost.

How much?

There is no charge for the initial telephone conversations with the parties, their lawyers or other representatives to determine whether the matter is appropriate for mediation. Thereafter the fees are related to the value and complexity of the dispute.