Acting as Mediator

“a go-to for complex matters.”

XXIV Old Buildings can provide experienced mediators skilled in both the analysis of complex legal problems and in handling the parties involved sensitively and effectively.

The mediators at XXIV Old Buildings are perfectly placed to deal with the full remit business and personal disputes, both domestic and international in nature.

Many members are qualified & accredited mediators. To view the full list, please click here.

About mediation

Mediation may offer the parties the opportunity to conclude disputes quicker and more cost effectively than by way of litigation. It is often referred to as “assisted negotiation”, because a neutral third party (the mediator) assists the parties to come to an agreement.

One of the main advantages of mediation over litigation is that there are no constraints on the scope of the private discussions as all discussions are fully confidential.

The mediation process

Mediations are free from all procedural rules and can be carried out in any manner agreed between the parties, whether through in person or virtual. This enables the parties, together with the mediator, to explore possible solutions that may not be available in court.

In mediation the mediators do not sit as judges or arbitrators. They are not there to hand down a judgment or make an arbitral award. Nor will they make findings of fact or law. What they will do is discuss with the parties their respective positions fully, and usually separately, in order to try and find common ground and ensure that everyone is being realistic about the chances of success and the potential costs involved.

Apart from the mediator, nobody needs to attend other than a member of each party who must be authorised to settle on behalf of that party. In practice, parties usually have some form of legal representation with them.

How does mediation work?

Mediation cannot take place without the agreement of all the parties. There are no formal rules therefore the parties can decide on whatever format they think fit. However, usually mediations take the following route:

Having selected a mediator, the parties all sign a mediation agreement. This sets out the rules under which the mediation will be conducted and by which the parties agree to be bound.
Immediately prior to the mediation, each party provides the mediator with a mediation statement (i.e. a summary of their case) and any essential documents.
The mediator will usually start the day by gathering all the parties together in one room. They will explain the process of mediation and the fact that everything is “without prejudice” and confidential. This means that nobody can refer to the mediation afterwards to any third party. The mediator will usually give each party the chance to make a short presentation of their position.
The parties then separate and the mediator will spend the rest of the mediation with each party separately. Nothing said by a party to the mediator can be repeated to another party without express consent.
If a settlement is reached, a mediation agreement will be drawn up. This is a binding contract. If there is no settlement, then the dispute will continue along conventional channels but without reference to anything that may have been said or discussed during the mediation.

How long does a mediation take?

The parties decide in advance on the length of the mediation, guided by the mediator. Although very complicated and multi-party disputes may be set for two or three days (or even more), the majority of mediations take one day.

How do I choose a mediator?

All parties can suggest mediators, usually exchanging profiles, before agreeing on one individual. It is not necessary to select a mediator with a specialism in the practice area of the dispute. However, in some matters, for example trust, probate and estate disputes, relevant expertise can ensure that any settlement reached will be valid and binding on all the parties involved.

How much will mediation cost?

Every mediator has their own terms. At XXIV Old Buildings, the mediator’s fee is usually based on an agreed hourly rate which the clerks are able to discuss with the parties in advance. Mediation costs are usually borne equally between the parties.

What happens if one party to the mediation agreement breaks it?

A mediation agreement is a binding contract which can be enforced through the courts like any contract. If the mediation agreement has been incorporated in a court order, if there are then any proceedings, then enforcement is often easier and quicker.

A party may seek to undo the mediation agreement but the instances in which this is possible are extremely limited and it is rare for courts to become involved