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Mediation

We have four CEDR accredited mediators providing a quick, confidential and cost effective way of resolving disputes without trial. The parties remain in control of the process and issues are addressed that are outside the narrow scope of the litigation process. Working within our range of practice areas we always aim to achieve the most favourable outcome for the client, whether through litigation, arbitration, mediation or other methods of ADR.

“Most cases are suitable for mediation”
Halsey v Milton Keynes General NHS Trust [2004]
 
"One shudders to think of the cost of this appeal and of the trial which apparently took as long as 9 days. As the courts have settled many of the principals in stress at work cases, litigants really should mediate the cases such as the present".
Vahidi v Fairstead House School Trust Ltd in the Court of Appeal.
 
What is Mediation?
 
Mediation uses an independent person to help resolve a dispute.  The Mediator assists the parties to explore the strengths and weaknesses of their cases. He, or she, tries to find a point where their needs and expectations can be brought together to form a settlement.  Sometimes a mediator is unnecessary - the parties reach agreement without independent help. Where that does not happen experience shows that mediation works.

Why does Mediation work?
 
It provides a quick, confidential and cost effective way of resolving disputes without trial. The parties remain in control of the process and issues are addressed that are outside the narrow scope of the litigation process.
 
"The profession can no longer with impunity shove aside reasonable requests to mediate"
Ward LJ in Burchell v Bullard (2005) EWCA Civ 358.
 
Some benefits of using the Mediation process:

· It can be used to settle any kind of dispute
· Litigation need not have started
· The more complex a dispute the more appropriate it is for Mediation
· Litigants can get a feeling of closure without risk of appeal
· They can have “their day” and “their say” without the cost and risks of trial

"I did not believe that we could settle this case, we were so far apart on the schedules”. 
 
An unsolicited quote from an experienced Claimant solicitor after a successful Mediation in a Personal Injury case.  All parties left satisfied, having experienced risk free, cost effective case management under their own control, aided by the Mediator.

Setting up a Mediation

The parties can go to one of the organisations offering Mediators such as CEDR. The 9 Gough Square Mediation Team are each CEDR accredited mediators. Giles Eyre and Grahame Aldous are members of the CEDR Lead Mediators Panel. They can be easily booked through the clerks at 9 Gough Square. A 9 Gough Square guide to Mediation is available free of charge.  For enquiries e-mail our Chief Executive, Ron Smith or click here for a guide on rates. 



Click here to view our barristers working in the area of Mediation and to see details of notable Mediation cases undertaken by each barrister.
 
  Susan Belgrave has successfully defended Wandsworth Council against claims for religious discrimination and unfair dismissal.
Click here for full report
 

Re: C v. CICAP.


 


Ed Lamb represented a diabetic applicant permanently disabled by Post Traumatic Stress Disorder following an attack at work involving an assailant armed with a hammer.
Click here for full report

 
The following barristers are members of the MediationTeam:
Grahame Aldous QC
Andrew Baillie QC
Giles Eyre
Christopher Wilson
View all barristers
practicing in the
Mediation area
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