mediation checklist ...

 

5. Prepare your Client

Explain the Mediation process carefully, dispelling some of the common myths if you can.

Explain the benefits, and the alternatives if litigation or arbitration continues.

Explain that the Mediator is neutral, and that it is not necessary or appropriate to try to convince the Mediator of your client's point of view.

Take your client through the Statements of Case. Explain that the confidential section is for the Mediator's eyes only and will NOT be seen by the other parties.

Examine your client's attitude towards the case, do they have realistic expectations of the outcome? Explain weaknesses as well as strengths.

Find out, if you can, if there are any sensitive or personal issues involved - this happens surprisingly often. You and your client will be better prepared if they have been addressed by you in advance of the mediation.

Choose, with your client, the individuals who will attend, and make sure your client's representative has authority to settle. Do you need third parties, such as insurers or experts? But do NOT turn up mob handed - only bring those people you really need.

Explain confidentiality - make sure your client understands this on two levels - first, the confidentiality between each party and the mediator, and second, the confidentiality of the whole session as regards court and the outside world.

Explain that the Mediation process takes time, and that it is likely that there will be times when a way forward does not appear to be possible. (When this happens in the Mediation, encourage your client to think of creative ideas e.g. items that are important to the other party, but relatively 'cheap' for your client to give, and vice versa e.g. structured payments, use of other facilities in the future, special prices on new orders, parking.)

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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

Search:

Consensus Mediation
82 King Street
Manchester M2 4WQ

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