Frequently Asked Questions

What about the cynical party, just out to fact find? How can the 'genuine' other party not be at a disadvantage?



Some parties turn up with a deliberate and cynical expectation of being able to leave again with valuable information about the other party that will give them an advantage back in the litigation.  Most of them realise during the course of the mediation that such 'advantage' is illusory compared to the benefits of settling the case on negotiated terms.

It is very, very rare for a party to be 100% sure of their case.  The Mediator will cause them to look at the weaknesses, even if not admitted at first, and have them ask themselves, and their lawyers, if they are really willing to go to trial notwithstanding those weaknesses.

You don't have to disclose anything that you don't want to, and 'fishing expeditions' go both ways. Remember, though, that the mediator will not allow the transmission of information that is not authorised, and if the mediator considers that one or more parties is not acting in good faith the mediation may be terminated.

Parties need to prepare properly for the Mediation, in the same way as they would for any direct negotiation.  It is important that the parties know their legal 'rights' before they start, so that they have a fair idea of where to compromise and where to remain firm.  In order to help the Mediator test the strength of the other party's case, you must be in a position to point out the strengths and weaknesses of that case as well as your own.



« Is every dispute suitable for mediation? I don't believe for one moment that the other side is going to be nice, co-operative, or even particularly honest, so how does it work? »


 

 

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Why mediate with Consensus?:

mediation works ...It's often difficult to see what's really going on in a dispute - mediation cuts to the issues

"... because it helps the parties to resolve even the most difficult disputes in a practical way. It deals with their real interests and needs without the risks and costs of further court proceedings. The parties achieve their own solution without an imposed decision."

consensus mediation's role ensures that...

  • Mediators remain wholly impartial and focused on the dispute because we handle all the fee negotiations, contracts and documents;
  • Mediators do not become disqualified from acting (even by perception) because of previous direct or frequent instructions from one party or solicitor;
  • Our experienced case managers can help smooth out pre-mediation communications between representatives in highly charged or multi-party disputes;
  • Clients and their solicitors can concentrate on the case while we sort out all the administration and logistics.

why choose consensus mediation...?

We quote an inclusive fee for the mediator's time and the administration of the entire mediation process. Consensus Mediation does not charge for "overtime" or for any other hidden extras. Consensus Mediation engages the best mediators from all over the country, so we can find the right person in the right place to help resolve your dispute.

Our fee structures are designed to give you clear, attractive, options - call us to find out more

Call our Case Managers:

0844 561 1763

or email: contact@consensus
mediation.co.uk

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Consensus Mediation
82 King Street
Manchester M2 4WQ

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