Dispute Resolutions – ODR & ADR Mediations

Facilitative Mediation

A neutral mediator is appointed to facilitate confidential negotiations between disputing parties, to help them find a consensual outcome. The mediator is actively involved but has no power to adjudicate and the parties retain ultimate control over of whether to settle and on what terms

Mediation is increasingly used worldwide due to encouragement by courts to use it as an aid to settlement. Many jurisdictions including England and Australia have written mediation into their court processes.

Mediation is now well-established in UK and, although an “alternative” to litigation and arbitration, it is now as important a form of dispute resolution as the more “mainstream” options. Its use is also likely to increase in the rest of the Europe as a result of the European Mediation Directive. Elsewhere, commercial parties are becoming more aware of the benefits mediation and other forms of Alternative Dispute Resolution (ADR) can offer.

Mediation can be used successfully together with arbitration or litigation – where parties agree to seek to resolve a dispute by mediation first and only proceed to arbitration or litigation if the mediation fails to produce a settlement.

What Happens?

The parties and/or their solicitors will appoint and brief an appropriate Mediator, agree a Mediation Agreement, provide the Mediator (and each other) with Position Statements, provide Supporting Documents, agree a date, time and venue for the mediation and nominate attendees.

Each party and/or their representative present will need to have sufficient authority to negotiate and enter binding agreements.

Usually a half-day or whole day is set aside for the mediation, depending on its size and complexity.  In exceptional circumstances, complex mediations have been known to extend until after midnight or even spill over in to a second day.  Several rooms (real or virtual) are usually assigned for private meetings, meetings with the Mediator and communal meetings. When a successful conclusion is reached, a binding Settlement Agreement is drafted and signed by the parties.

Either party or the Mediator can terminate the mediation at any time.

What Happens?

The parties and/or their solicitors will appoint and brief an appropriate Mediator, agree a Mediation Agreement, provide the Mediator (and each other) with Position Statements, provide Supporting Documents, agree a date, time and venue for the mediation and nominate attendees.

Each party and/or their representative present will need to have sufficient authority to negotiate and enter binding agreements.

Usually a half-day or whole day is set aside for the mediation, depending on its size and complexity.  In exceptional circumstances, complex mediations have been known to extend until after midnight or even spill over in to a second day.  Several rooms (real or virtual) are usually assigned for private meetings, meetings with the Mediator and communal meetings. When a successful conclusion is reached, a binding Settlement Agreement is drafted and signed by the parties.

Either party or the Mediator can terminate the mediation at any time.

Online Dispute Resolution (ODR)

If parties cannot easily meet due to time or geographic constraints (or any situations such as the current COVID-19 emergency) some mediators can offer On-Line Mediation. Deane Mediation can provide you with safe, online dispute resolution services.

Advantages include…

  • No travel, no physical venues required – saves time, money and the environment.
  • Different time zones. Can be done with everybody online at the same time; or staggered, to suit your circumstances.
  • Some prefer to talk face-to-face on screen rather than in the flesh.
  • Online mediation success rates on the day are the same or even higher than conventional, physical meetings.
  • Co-mediations can be provided in complex cases.

ODR is as easy as 1, 2, 3…

I manage the system and the Mediation to make available numerous virtual ‘meeting room’ options for all, throughout the day ( e.g private and/or communal ‘meeting rooms’ and discussions) and we can develop, share ideas and agree Settlement Agreements, all online, all on the day.

1

We agree a date and time and participants provide position statements and background data via agreed, secure methods.

2

I send all participants a Mediation Agreement and an email with a passworded link to a video mediation meeting.

If it’s your first ODR, I’ll set up a technical meeting with you before Mediation Day for trial installation, settings and familiarisation

3

At the agreed date and time you click the link, follow the instructions and we go live.

Next Steps

I can be appointed by solicitors or directly by the parties. If you are appointing me directly, you are advised to seek appropriate legal, financial and other specialist advice before proceeding and to liaise with them before signing a Mediation Agreement or a Settlement Agreement on the day. Remember that a facilitative Mediator is a neutral facilitator, not an advisor.

Please contact me using the form below to discuss your requirements in confidence. Please include your telephone number if you would like a call back.