Lincs Law

FAQs: Mediation

Is Mediation always the last resort before formal legal proceedings?

No, Mediation can be undertaken at any stage of a dispute - the earlier the better! Lincoln based LincsLaw Solicitors encourage anyone who is a party to Mediation to contact us. We do not charge for enquiries and we will try and provide some guidance as to your best course of action.

Will I weaken my case if I agree to Mediation?

No - you have nothing to lose by undertaking Mediation and usually a lot to gain. You are under no obligation to agree to anything you are not happy with. If you are able to agree a settlement of your dispute through Mediation you will have saved yourself Court, Tribunal and legal fees.

Lincoln based LincsLaw Solicitors encourage anyone who is a party to Mediation to contact us. We do not charge for enquiries and we will try and provide some guidance as to your best course of action.

Why is Mediation often a better option than litigation (going to court/tribunal)?

It is quicker (usually arranged in a few weeks and often all over in a day, unlike court cases which can take months to even get to a hearing), cheaper, less formal and less stressful. The parties own the outcome rather than it being imposed upon them by the Court or Tribunal.

Lincoln based LincsLaw Solicitors encourage anyone who is a party to Mediation to contact us. We do not charge for enquiries and we will try and provide some guidance as to your best course of action.

Can I have a lawyer present?

Yes, if you wish, especially if the matter in dispute is complex and you want the reassurance of legal advice. You will be responsible for your own legal costs. However, Mediation (unlike litigation) is not designed around lawyers and judges - it is a process that is centred primarily on the needs and wishes of the parties themselves.

Lincoln based LincsLaw Solicitors encourage anyone who is a party to Mediation to contact us. We do not charge for enquiries and we will try and provide some guidance as to your best course of action.

Does the Mediator meet with the parties beforehand?

Only in exceptional cases. Normally the Mediator will conduct all discussions via telephone (with written conformation if required) prior to the Mediation itself. The first time the parties meet the Mediator will, therefore, be on the day of the Mediation.

Lincoln based LincsLaw Solicitors encourage anyone who is a party to Mediation to contact us. We do not charge for enquiries and we will try and provide some guidance as to your best course of action.

What happens if there is no agreement/settlement?

Depending on the type of case, the success rate for Mediations historically ranges from 65% to 90%. However, if your dispute cannot be settled through Mediation, remember that everything discussed and agreed at a Mediation is confidential and on a "without prejudice" basis and, therefore, cannot be used if there are any later formal (Court or Tribunal) proceedings.

Lincoln based LincsLaw Solicitors encourage anyone who is a party to Mediation to contact us. We do not charge for enquiries and we will try and provide some guidance as to your best course of action.

What are the views of courts and tribunals about Mediation?

Courts and Tribunals, and the Government itself, are increasingly in favour of Mediation. If you want to use Mediation, and the other side refuses, you should inform the relevant Court or Tribunal. If the other side does not have a good reason to refuse to mediate, then even if they go on to win their case, they may not recover all their legal costs.

Lincoln based LincsLaw Solicitors encourage anyone who is a party to Mediation to contact us. We do not charge for enquiries and we will try and provide some guidance as to your best course of action.

What is the status of a Mediation agreement?

It is binding on the parties and a legally enforceable document.

How much does it cost to take my dispute to Mediation?

Our exact fees in any particular Mediation will depend on the nature and complexity of the dispute. However, we will always seek to agree a Fixed Fee for Mediation with the parties in advance.

By way of a guide, we would usually charge £600.00 (£500.00 plus VAT) per party for a one day Mediation lasting up to six hours. As the name suggests, this is a Fixed Fee and there is no further charge for preparation, considering documentation or administration. Further, if the Mediation takes place at our offices a Greetwell Place, Lime Kiln Way, Lincoln LN2 4US there will be no additional charges for venue or travel.

In the event the parties do not wish the Mediation to take place at our offices, further charges will be incurred through the venue chosen. This will be the costs of hiring the meeting rooms etc. In addition, there will be a small charge for travel.

As stated above, the Fixed Fee quoted is intended as a guide and LincsLaw Solicitors may charge an higher fee, in any or all of the following circumstances:

  • in a particularly complex case
  • where the parties provide an exceptionally large amount of documentation to be read in advance
  • when it is necessary to meet the parties before the Mediation

All Fixed Fees will, of course, be agreed with the parties prior to the Mediation. As ever, the fees are per party, each being responsible for their own costs of the Mediation.

Can LincsLaw Solicitors represent me at a Mediation?

Occasionally we are asked to represent parties at a Mediation. We find our experience as Mediators assists our clients both with the preparation of their Position Statement and at the Mediation hearing itself. We encourage anyone who is a party to Mediation to contact us. We do not charge for enquiries and we will try and provide some guidance as to your best course of action.

If you do require representation, our fees are dependent upon the assistance required. Broadly our advice falls into the following three categories:-

  • Fixed Fee Consultation
  • Preparation of Position Statement (also called a Statement of Case)
  • Representation at the Mediation Hearing

Fixed Fee Consultations

Following a free enquiry, if your matter requires further assistance we will meet with you for a Fixed Fee Consultation. The cost of a Fixed Fee Consultation is £180.00 (£150.00 plus VAT).

The consultation includes a meeting with whichever one of our extremely experienced lawyers you choose. It is intended that your consultation should be a thorough consideration and assessment of your dispute: there is no time limit and you can relax in the knowledge that however long you are with your lawyer, the price is fixed and you will not be charged additional hourly rates or any additional fees. The consultation lasts as long as it takes for you and your lawyer to:-

  • Consider the full background of your situation
  • Discuss your circumstances
  • Advise on the Mediation process
  • Suggest what action or steps you should take next
  • Advise on any fees or funding arrangements for assistance going forward

Your lawyer will then confirm their advice in full and in writing. There are no additional charges as your written confirmation is included in the cost of the Fixed Fee Consultation.

For many clients, a Fixed Fee Consultation is all that is necessary and they consider they have all the assistance they need to progress their Mediation themselves. For others who may require further assistance we can offer a number of Fixed Fee options.

If you wish to discuss a Fixed Fee Consultation please contact Lincoln based LincsLaw Solicitors.

Preparation of Position Statement (Statement of Case)

Following a Fixed Fee Consultation, you may require us to undertake some further work on your behalf. For example, you could ask us to draft your Position Statement or prepare a schedule of your losses.

Depending on the nature of the work, we will provide a Fixed Fee. A Fixed Fee will, as the name suggests, be a fixed price for the work. For example, we would normally expect drafting a Position Statement to be a Fixed Fee of £270.00 (£225.00 plus VAT) to £360.00 (£300.00 plus VAT) depending upon the complexity of your matter and the amount of documentation which needs to be considered. Most clients find they are assisted at their Mediation hearing by our advice as to the process, likely outcome and professionally drafted documentation.

If you wish to discuss Fixed Fee assistance please contact Lincoln based LincsLaw Solicitors.

Representation at the Mediation Hearing

LincsLaw Solicitors can also represent clients at Mediation hearings. In such cases, we would hope to agree a Fixed Fee with you for our attendance and representation. Obviously, the cost will depend upon the complexity of your matter, what assistance we have provided previously at a Fixed Fee Consultation or through drafting your Mediation documentation.

As a guide, if we have been involved with your matter by way of a Fixed Fee Consultation and prepared your Position Statement, we would usually charge a Fixed Fee of £600.00 (£500.00 plus VAT) to attend and represent you at a Mediation hearing of up to six hours.

Obviously the Fixed Fee would be greater if we have not been involved in the preparatory work for the Mediation, the matter was particularly complex or the Mediation hearing was expected to be particularly lengthy. We would also comment that there will be additional charges for travel costs.

We encourage anyone who is a party to Mediation to contact us. We do not charge for enquiries and we will try and provide some guidance as to your best course of action.

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