Mediation

Recent matters:

  • Large and complex IP and commercial dispute, London

  • Military hardware manufacturer, shareholder dispute, Australia

  • Internal company dispute between shareholders and directors, IT company, Australia

  • Competition and consumer law dispute between car manufacturer and government agency, Australia

  • Joint venture dispute, London

What is it?

 

Mediation is a forum to resolve disputes or clarify situations. It is a useful procedure in which the parties discuss their disputes with the assistance of a trained impartial third person(s) who assists them in reaching a settlement. It may be an informal meeting among the parties or a scheduled settlement conference. The dispute may either be pending in a court or potentially a dispute which may be filed in court. Attendance at the mediation conference is generally voluntary by the parties, except where governed by statute, contract clause or court ordered.

Our mediation language is English. If you need German, French or Italian, we make make recommendations on appropriate mediators.

Where is it held?

 

The mediation process can occur at a place agreed between the parties, within a court or arbitration institute or online where parties are separated geographically.

For online mediations, we use Modron Spaces - modron.com/spaces

Modron Spaces is a specific purpose platform, built for Government, enterprise, legal and dispute resolution sectors. All users are onboarded with secure account access, and users are securely associated with a specific case. Within that case are further spaces that are again subject to their own security, privacy and confidentiality controls. Spaces was developed specifically to accommodate the sharing of highly confidential information and the facilitation of private communications which is inherently important and vital to its target market.

The Mediator

 

The mediator is a person utilising patience, persistence and, hopefully, common sense. As a maediator, we use an arsenal of negotiation techniques, human dynamics skills and powers of effective listening, articulation and restatement. We are a facilitator who has no power to render a resolution to the conflict. Resolution comes from the parties setting out terms of agreement between them as facilitated by the mediator.

Mediation Process

 

Mediations are private and confidential. Prior to a mediation commencing, the parties will execute a mediation agreement with the mediator. The mediation agreement will govern the relationship between the parties in the mediation, the relationship with the mediator, the rules of engagement and importantly the confidential and without prejudice nature of the mediation. The mediation agreement will also set out the costs of the mediator and the mediation process and these costs are shared equally between the participating parties.

Once the mediation agreement is executed, the parties are requested to submit a mediation statement no longer than 10 A4 pages. Generally, the mediation statement will set out:

  • the parties;

  • current legal proceedings (if any);

  • background matters;

  • the complaint;

  • any prior settlement discussions and the terms of those discussions;

  • strengths and weaknesses (good to identify); and

  • the way forward - possible settlement outcomes.

When does a mediation end?

 

A mediation will end when (1) a full and final settlement agreement has been executed by all parties resolving all issues, or (2) parties agree to end the mediation, or (3) a party walks away from the mediation proceeding and ends its further participation in writing.

Rules for the mediation

 

The mediation can be organised privately between parties and subject to the ‘rules’ set out in the mediation agreement or utilise the rules or a particular mediation forum such as the Swiss Mediation Rules under the Swiss Arbitration Centre.

Legal effect of resolving disputes by mediation

 

The executed settlement agreement is binding on all parties. The purpose of mediation is to resolve all matters in dispute. This means a successful mediation provides finality to the parties and is an effective alternative dispute resolution forum to deliver fast and legally effective resolution. There are no ‘winners’ and ‘losers’ in mediation. It is a cost effective legal forum where parties resolve matters and move on.