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SOME SUGGESTIONS

Attending without legal representation?

Guidelines for Attending Mediations without Legal Representation

Role of the Mediator

The role of the mediator at the mediation is that of a neutral, impartial facilitator of negotiations between the parties. The mediator is not a legal adviser and is not empowered to advise parties on the merits of proposals made during the mediation nor on legal matters or procedures outside the mediation process.

Neutral & impartial facilitator

It is advisable in cases involving legal rights for parties to attend the mediation with their solicitor or legal representative or with an appropriately qualified adviser. The legal representative plays an important role advising a party, particularly when evaluating the alternatives to reaching a settlement at the mediation. Furthermore, when an agreement is reached at the mediation, this is usually written down and signed by both/all parties, becoming a binding contract. Signing such an agreement can have implications for your legal rights and a legal representative can advise their client accordingly.

Should the attendance of your legal representative not be possible or you prefer to mediate without legal representation, you may wish to consider the following options:

  • Mediation is intended to give you ownership of your case and decision-making about your case. However, it can be an intense and pressurised negotiating environment, and parties may experience long periods of waiting whilst the mediator speaks with the other party. We would encourage you to bring someone with you to offer company and support during the day. This may be a friend, colleague or relative.

  • In some cases, for example employment cases, you may require legal sign-off to an agreement.
    You may wish to arrange for telephone contact with your legal representative during the day and evening of the mediation.

  • Should you reach an agreement at the mediation, you may wish to seek advice before signing off. If you do not have access to legal advice at the mediation, it may be advisable to request a breathing space of a couple of days, in order for you to seek appropriate advice and confirm the acceptability of the draft agreement in a less pressurised environment. You should preferably notify the other party in advance of the mediation, and the mediator on the day, if you wish to adopt this approach.

  • For claims up to a value of £100k with no more than two parties, a half or full day (of no more than seven hours) mediation is £450 + VAT per party. This includes an administration fee.

  • For claims with a value of between £100k and £250k with no more than two parties, a full day (of no more than eight hours) mediation is £1,150.00 + VAT per party. This includes an administration fee.

  • Fee for claims with a value of between £250k and £500k, a full day (of no more than eight hours) mediation is £1,300.00 + VAT per party. This includes an administration fee.

  • Claims of over £500k will not normally fall into the fixed fee category. We can organise a bespoke quotation.

  • Mediations are offered on a half or full day rate and depend largely upon the monetary value of the claim. If more than one day is required, it may be possible to offer a reduced fee for the second and subsequent day.

  • The mediation day normally starts at 9.00am and ends at 1.00pm for a half day case or 5.00pm for a full day case. This can be subject to some adjustment to suit the parties, but a half day will be four hours and a full day will be eight hours. If the claim is than £100k, a full day is seven hours.

  • The fee includes up to two hours preparation time for claims of under £100k and four hours preparation time for claims of £100k - £250k. If the volume of papers or complexity justifies an additional preparation fee, we will agree this with you in advance.

  • Room hire is not included for face to face mediations. If one or more of the parties have appointed legal representatives, the mediation will often take place at one of the lawyer’s offices. We can arrange offices and catering (if required) near to the preferred location of the mediation, but this will be at an extra cost, to be included in the quotation.

  • If the parties are legally represented, they will often meet at their lawyer’s offices to join the online meeting. Sometimes, the parties can join their lawyer from a different location and the mediator will provide separate online breakout rooms where the respective parties can discuss issues with their lawyer in private. If one or more of the parties are not legally represented, they can join an online meeting from home or their own offices etc. However, provision should be made for privacy and good communications to ensure suitable engagement with the process. See the separate section on - getting the best from the mediation.

  • The full terms and conditions for a fixed fee mediation will be sent once we have the necessary information to produce the quotation.

  • If the mediation is face-to-face and is within a reasonable distance of the mediator, the travel costs will be included in the fixed fee. If the parties chose a mediator located at quite a distance from the mediation venue (perhaps because the mediator has a particular specialism not readily available from more local mediators), travel expenses will feature in the quotation. This may include hotel expenses and subsistence if the mediation is set for more than one day.

  • Unless the information is very limited, we ask for sight of papers and any opening position statements no later than seven working days prior to the mediation. This will give the mediator sufficient time to prepare. If papers are served inside the seven days or at the mediation itself, we will do our best to incorporate them. However, we cannot guarantee their inclusion in the process, especially if they are of a substantial volume.

  • If the parties and mediator are available, any extra days can follow immediately after the planned day(s), assuming all parties can make payment for the extra day(s) on account. If not, additional days will simply be fixed for a date convenient to all parties and payment can be made in the meantime.