Mediation is a process by which parties to a dispute engage an independent third party, called a mediator, to assist them to try to resolve their dispute by agreement. It is confidential, and in the majority of cases in which mediation takes place, a negotiated agreement results and the dispute comes to an end.
Mediation is usually cost-effective because it is relatively inexpensive, and in almost all cases it costs far less than the costs the parties would incur by pursuing a dispute through the courts to a trial. It is an entirely voluntary process, which either party can terminate at any time, meaning that no one can be forced to sign a settlement agreement that they are not satisfied with. But once a settlement agreement is signed by both parties, it concludes the dispute once and for all. Settling a dispute will in most cases mean that parties will save many thousands of pounds in solicitors’ and barristers’ fees, and many hours, days and weeks doing productive things that they would otherwise have to spend preparing evidence for the court, attending meetings with lawyers, and appearing in front of a judge to be cross-examined by counsel for the other party. A mediated settlement enables the parties to maintain control of the outcome. It also helps them to avoid the risk of an adverse finding, and probably an order to pay significant amounts of the other party’s costs.
In recent years the courts have made it clear that all parties to litigation must take steps to try to resolve disputes by “Alternative Dispute Resolution”, of which mediation is a principal element. If they don’t then in certain circumstances, they can be subjected to costs sanctions even if they are successful in their claim or defence, as appropriate.
Tilly Bailey & Irvine LLP offers commercial and civil mediation services to solicitors and their clients, and to unrepresented parties. Our civil and commercial mediators are Nigel Broadbent and Alison Leith, both of whom are very experienced litigation solicitors and partners in our Commercial Law Team. Both Nigel and Alison have “big firm” pedigrees and extensive experience of acting in cases involving blue chip companies, including very high value disputes, and cases where brand reputation is at stake, as well as smaller disputes in which personal and property-led issues are paramount, and all manner of cases in between.
Our flexible mediation scheme pricing enables parties and their solicitors to approach the question of settlement confidently in the knowledge that the costs of mediation will be transparent and proportionate to the dispute. The scheme offers different fixed price service levels, and a further “bespoke” service (costs to be agreed on a case-by-case basis), as set out below:
Small Claims Scheme - £550 + VAT, plus £110 + VAT per party for each part of whole hour of mediation over 3 hours
Fast Track Scheme - £850 + VAT, plus £110 + VAT per party for each part of whole hour of mediation over 7 hours
Intermediate Scheme - £1,250 + VAT, plus £110 + VAT per party for each part of whole hour of mediation over 7 hours
Complex Case Scheme - £1,450 + VAT, plus £110 + VAT per party for each part of whole hour of mediation over 7 hours
For our full cost breakdown and details of what is included, please visit our pricing page.
If you are a party involved in a dispute, or a solicitor acting for a party involved in a dispute, and you would like to engage an experienced, commercially aware solicitor to mediate between the parties on affordable commercial terms then please contact either Nigel Broadbent at nbroadbent@tbilaw.co.uk or Alison Leith at aleith@tbilaw.co.uk or by calling 01740 646000.
Call: 01740 646000
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