Mediation, in simple terms, is when a dispute can be resolved via a neutral third party, i.e. an intervention between the conflicting parties to promote reconciliation, settlement or compromise – relatively cheaply and without the need to pursue legal proceedings.
Neil is an accredited Mediator with the RICS ACRE™ (Analytical Commercial Restorative Expert) Facilitative and Evaluative Mediation programme and uses various techniques to express and articulate the findings, in a simple and easy way for the opposing parties to understand. He will act as either Mediator or to support either party through a mediation process.
Mediation Frequently Asked Questions
Mediation is a non-legal consensual process whereby two or more parties in dispute meet with an independent and impartial mediatior to discuss their issues and concerns with a view to reaching a settlement.
Costs can vary considerably depending on the size or value of your dispute, the way you may choose to be represented and who you appoint as a mediator. Elements of cost you need to consider are,
- The cost of engaging solicitors, barristers, experts or other professionals to represent you their costs will generally not be recoverable as part of the mediation,
- Costs for the facilities where the mediation is held. Mediations are commonly held in one of the parties offices or the offices of their solicitors as a means of reducing costs, but the proceedings may be held in a hotel or other conference facility. Subject to the nature of the dispute a mediation may be conducted at your premises or home if it is a neighbour dispute for example.
- Fees of the mediator. These can vary considerably between as little as £50+VAT per party for a 1 hour mediation (under the National Mediation Scheme) to in excess of £3000+VAT per party per day. The fees charged are to be agreed with the mediator appointed in advance.
It is a common feature of mediations that the parties each pay an equal share of the mediators fees and the costs of the venue. i.e. for a two party dispute you would expect to pay 50% of the fees and venue costs.
Civil and Commercial mediations vary in length depending on the nature and value of the dispute. In a construction context a mediation conference would typically last between 4 and 8 hours (half-day or full-day mediations); it is less common, but more complex mediations can run into multiple days.
All mediator appointments are made directly with each mediator on terms and conditions that they will provide. You can appoint someone from Neil Boothroyd my completing the form at the bottom of this page. A copy of our standard Mediation Agreement can also be downloaded from our Library
It is worthwhile doing a bit of research to find the right mediator for your case and this may take some time. There is not one central register of mediators from which to select whom you may like to appoint. There are however a number of governing/professional bodies and other organisations who can provide a list of local and qualified individuals. Consider the nature of your dispute and whether or not you would like a mediator who has some technical understanding and experience of the type of dispute you’re involved in.
If you use a solicitor they are likely to have a shortlist of mediators that they use regularly and are likely to be able to recommend someone.
The Mediation Agreement you sign with the mediator and the other party should clarify the nature of the confidentiality and will likely include provisions to say that no-one should discuss that the mediation will or has taken place, anything discussed during the mediation remains at all times confidential to the outside world, and when in caucuses during the conference discussions between each party and the mediator may be confidential.
Without Prejudice means that any offer, concession or admission made during the mediation process cannot be relied on in subsequent legal proceedings, if it doesn’t form part of the written agreement at the end of the day.
That is within your gift. Any agreement reached is between the parties to the dispute. The mediator is impartial and is there to facilitate you reaching an agreement; they will not express an opinion or make a decision for you but will help you conclude any agreement that is reached.
The details of what you agree will be written down in a settlement agreement and should be reviewed by a solicitor before signing. Generally if there are solicitors representing each party they may draft the settlement agreement at the time.
There are numerous organisations that provide mediation training and can appoint a mediator. Our mediators are trained and accredited by the Royal Institution of Chartered Surveyors (RICS).
Another of the main bodies is the Civil Mediation Council (CMC) and details of mediators can be found on their website. https://civilmediation.org
There are a number of other bodies you can refer to including:
The Association of Northern Mediators:
Yorkshire Mediation Services: