Don't leave it too late to mediate - whilst you need to gather and evaluate enough evidence to properly understand your case on the merits, delaying settlement discussions may cause unnecessary expense and anxiety for your client.
Of course you need to understand your case, and its strengths and weaknesses, before you can properly advise your client. Equally, the legal merits may not be the only consideration - what your client really needs (even if they don't know it yet) is a sensible commercial settlement before costs escalate.
It is always worth inviting the other party to attempt settlement by mediation, mentioning relevant case law and the CPR to help guard against costs.
Consensus Mediation can approach the other party for you, if you prefer.
Use the Mediation Checklist to guide you.
For the future, consider inserting a mediation clause into your contracts. Whilst there remains some debate about the enforceability of such a clause, the point is not about enforcing it, but rather allowing you to raise the possibility of mediation without 'loss of face' or showing a 'sign of weakness'.
Why mediate with Consensus?:
"... 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."
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
or email: contact@consensus
mediation.co.uk
Consensus Mediation
82 King Street
Manchester M2 4WQ
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