Services geared to solutions
SERVICES
Your route to agreement
Mediation
Business to business contract disagreements
Partnership disputes
Professional negligence claims
Conflicts with suppliers or customers
Property or construction disputes
Debt recoverySchool or educational disputes
Divisions within organisations
Landlord and tenant disputes
Early Neutral Evaluation
Early neutral evaluation (ENE) is a type of alternative dispute resolution (ADR) that can help parties resolve their disputes without going to court. It involves an impartial evaluator who gives a non-binding opinion on the strengths and weaknesses of each party’s case, as well as the likely outcome of litigation and opinion on the approximate cost consequences. The evaluator will be an expert in their respective field of law.
The evaluator may also suggest possible settlement options or areas of agreement. The ENE process is normally confidential. ENE can be used as a stand-alone assessment or as a precursor to mediation, where the parties use an evaluator’s opinion as a basis for further negotiation with the help of a mediator.
An evaluator will not consider complex issues of fact. In other words, they will not hear all of the evidence usually presented at trial. They offer more of a reality check and a legal reference point for parties who may feel able to agree a settlement based upon an evaluator’s opinion.
Expert Determination
Expert determination (ED) is a form of alternative dispute resolution (ADR) that involves an independent and neutral expert who makes a binding decision on a disputed technical issue. It is a confidential, swift and cost-effective method that can avoid expensive and protracted litigation. Expert determination can be used as a stand-alone process or in conjunction with other ADR processes, such as mediation, where the expert can act as an authority on an important issue that needs to be resolved.
The parties can agree on the scope, procedure and rules of the expert determination, together with the evidence to be considered. The decision is confidential and can be legally enforceable if the parties agree this as part of the framework. The expert can be appointed by the parties or by a neutral body.
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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.
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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.
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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.
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Claims of over £500k will not normally fall into the fixed fee category. We can organise a bespoke quotation.
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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.
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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.
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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.
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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.
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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.
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The full terms and conditions for a fixed fee mediation will be sent once we have the necessary information to produce the quotation.
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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.
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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.
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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.