Mediation

 
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Where you have a dispute, many parties now attempt “mediation” as an alternative to court litigation.

At Cartmell Shepherd, Mark Aspin is a CMC Associate Mediator and is able to conduct civil and commercial mediations on appointment by both parties.  Mark is a strong proponent of mediation and has acted for parties throughout countless mediations throughout his professional practice.

What is Mediation?

Mediation is a confidential process that gives parties to a dispute control to reach an outcome without the need for a decision to be imposed on them by a judge.  The mediator is a neutral, independent professional who assists all the sides in negotiating a mutually agreeable settlement.

It is voluntary and has a huge advantage over court proceedings in terms of identifying possible settlements that a court might not be able to order.  Statistically they are successful in settling a dispute more often than not.

The Civil Mediation Council is an organisation with voluntary regulation for mediators.  Their website has a handy guide about the process.

When should you contact us?

There is no hard and fast rule.  A large number of mediation referrals come via solicitors – but you don’t need to have solicitors involved to attend a mediation.

If you are in a dispute and unable to resolve it between yourselves, suggest mediation to the other party(ies).  If this is agreed, in principal, you can contact us on a joint basis.  We are happy to discuss this with you together, and if we think mediation might be more successful after you have exchanged more information between you, we will tell you.  We want the mediation to be successful and will do what we can to make that as likely as possible.

Because a mediator has to be independent, we cannot be appointed as a mediator if you have contacted as an individual in connection with your dispute.

Any papers that need reviewing prior to the mediation should be sent to us at least 3 clear days prior to the mediation so we have time to prepare.

Fees

To keep our fees proportionate, we have different fees depending on the value of the dispute (for a monetary claim) based on the likely length of time the mediation will take. Mark has had specialist training in “remote mediations” which can take place by online. Please see here for the full breakdown.

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