Mediation Services November Events
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Mediation services have increased after the Access to Justice Act of 1999 and the Civil Procedure Rules of 1999 which highlighted that the civil Courts were over congested with disputants who were pursuing civil and commercial disputes of all types, whereby the legal costs involved in those disputes was more than the original money being claimed.
At Effective Dispute Solutions Limited we see this all the time, by the time an individual or business has taken another individual or business to Court its not uncommon for them to have spent more in legal fees than the amount they were originally claiming for.
Mediation services can resolve your disputes of any nature quicker, less stressfully and most importantly much more cost effectively than going through the lengthy litigation (Court) process.
Although I preach this wherever I go flying the flag for alternative dispute resolution and mediation services and although it is true, recently I was asked how much exactly can an individual save? I know for a fact mediation can save disputants time, money and stress, but how much exactly? This will of course depend upon the individual circumstances of each case but whatever the saving large or small, there will be a saving, he says!
Therefore I decided that the next case I mediated I would evaluate what financial and time savings if any the parties made by mediating rather than litigating, to ensure the figures were accurate, I decided I would ask the parties and their solicitors involved, how much they have spent thus far in terms of time and money, how much more time and money would be required to get to trial and what the likely outcome would be.
The next mediation that came up consisted of Mr A (name anonymous to retain confidentiality) taking a builder to Court because he claimed he owed him £50,000, for defective work that he had done to his property.
By the time they got to mediation; it had taken them 18 months, whereby Mr A had spent £28,000 and the builder £22,000 (£50,000 in total) in legal, Court and experts fees.
At mediation an agreement was reached and the builder paid Mr A £25,000, both paid their own legal fees.
To get back his original £50,000 Mr A had spent £28,000 on legal fees which totals £78,000, minus from that the £25,000 the builder paid him, therefore he was out of pocket for a total of £53,000.
The builder was out of pocket for £47,000 in total, £22,000 in legal fees and the £25,000 he paid Mr A as a settlement.
Had they mediated in the first place, both parties would have saved on their legal fees and saved 18 months of their time! The mediation was arranged within 2 weeks, it took 4 hours and cost each party £425.00 compared to the £47,000 in total it had cost them both in legal fees.
Had they continued with Court action, they both would have spent at least another £25,000 each and it would have taken at least another 4 months. Therefore by this point of 22 months (1 year 10 months) Mr A would have spent approximately £53,000 and the builder £47,000 in total £100,000 for a case that was originally only worth £50,000!!!
At trial one of them would have won the other lost, whereby the person who lost would have had to pay at least 70 per cent of the other persons legal costs and their own.
Therefore if Mr A lost he would have had to pay at least 70 per cent of the builders total legal costs approximately £32,900, his own legal costs of £53,000 as well as losing the original £50,000 he said he was owed, his grand total being £135,900!
If the builder lost he would have had to pay at least 70 per cent of Mr As total legal costs approximately £37,100 his own legal costs of £47,000 as well as the original £50,000 that he owed Mr A his grand total being £134,100!
For these reasons the Courts frown upon parties who do not try mediation before they take legal action, even if a party wins at Court, the Judge can penalise them on costs if they did not mediate, this came about after a number of high profile case rulings in the Court of Appeal.
Therefore it makes sense to mediate your civil and commercial disputes or any disputes rather than go through Court!
To answer the question I was asked, how much time and money can one save by mediating rather than litigating, I believe the simple answer is a lot, the above calculations are based on facts and the parties solicitors actual costs and estimated costs to get to trial and their view of what would be the implications of their clients winning or losing.
Despite the nature of your dispute, no matter how large or small, we have the expertise and experience to help you resolve it and save you a lot of money, time and stress.
Contact us now to discuss your needs. Telephone: 0800 246 1218.
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2002 CEDR, Academy of Experts, ADR Group Accredited Mediator. 21+years of experience. 1000+ mediation’s, 90% success rate. Mediated every type of commercial, workplace, boundary & family dispute. CIArb mediation assessor & trainer since 2007. ADR Group, Head of Mediation Training 2018 – 2020. English & Punjabi speaker.Harvinder Singh BhurjiLLB (Hons), QDR(M), MCIArb, MCMI, CTLLS
Director, International Commercial & Workplace Mediator & Trainer
1998 CEDR & ADR Group Accredited Mediator. 25 years experience, CIArb & RICS mediation trainer & assessor. Coach since 1987. Specialisms racial discrimination, unfair & constructive dismissal, bullying. Property, family businesses, construction, professional negligence. Director, partnerships, business, joint venture, debt, employment.Jane WalmsleyBA, LLB, LLM, MCIArb, UKCP, MBACP
Psychotherapist, Coach, Commercial &
Workplace Mediator, Barrister (non-practicing)
2004 ADR Group Accredited Mediator. 19 years mediation experience. CIArb Commercial Mediation Assessor. Solicitor & Consultant at Freeths 45+ years. Specialisms, dispute resolution, professional negligence, clinical negligence, product liability, personal injury, defamation & sports law.Paul BalenLLB (Hons), Solicitor & Consultant at Freeths LLP,
Director of Trust Mediation, Commercial Mediator
Dentist, CIArb & ADR Group Accredited Mediator, 18 years mediation experience, has been involved in over 100 civil & commercial mediations.Dr. Michael ButterworthBDS, DGDP(UK), MFDS (RCS Eng), LLM, MCIArb
Dentist & Commercial & Family Mediator
2005 ADR Chambers Accredited Mediator. 18 years mediation experience. Chartered Accountant & Insurance Practitioner. Expert witness. Specialisms, insurance, liquidations, professional negligence, construction & boundaries.David S BlackBSc (Hons) CA FCII FCILA ACIArb MEWI
Commercial Mediator & Accountant
2017 CEDR Accredited, 6 years mediation experience. Specialisms, commercial, company, contract, property, probate, IP & professional negligence.Tim BennettPartner & Head of Dispute Resolution
at Bray & Bray Solicitors, 2007 - 2020.
CEDR Accredited Commercial Mediator
2005 CEDR Accredited Mediator, 18 years mediation experience. Proprietor of Beaumonde Law Practice, Solicitor & employment law specialist. Specialisms company, unfair dismissal, discrimination & compromise agreements. English & Punjabi speaker.Sundeep Singh BhatiaEmployment Solicitor & Commercial Mediator
2011 CIArb Accredited Mediator. 12 Years Mediation Experience. 400+ mediations. CIArb Mediation Assessor. Specialisms, construction, property, commercial, boundaries, probate & professional negligence.Bruce BourneMRICS, MCIArb, Chartered Surveyor, Commercial Mediator
2009 RICS Accredited Mediator. 14 years mediation experience. Fellow of the Royal Institution of Chartered Surveyors. Expert Witness, Determination. Specialisms construction, dilapidations, property & boundary.Richard CavadinoChartered Quantity Surveyor & Commercial Mediator
2010 CIArb Accredited Mediator. 13 years mediation experience. Specialisms, construction, engineering, contract, employment, partnership, shareholder & professional negligence disputes.Martin CollingwoodSolicitor, Commercial Mediator,
Arbitrator, Adjudicator, Med – Arb specialist
2004 CEDR & ADR Group Accredited Mediator. 19 years mediation experience. Barrister, conducted 110+ mediations. Specialisms, boundary, landlord & tenant, employment, contractual disputes.David DalyBarrister & Commercial Mediator
1996 CIArb Accredited mediator. 27 years mediation experience. Qualified as a solicitor in 1962. Specialisms. all forms of building and civil engineering projects in the UK & overseas.Roderick O'DriscollFCIArb, MBEng, Chartered Arbitrator, Accredited Mediator,
Notary Public, Qualified Solicitor of the Supreme Court
1998 Academy of Experts Accredited Mediator. Qualified Dispute Resolver. 25 years mediation experience. CIArb commercial mediation course tutor & assessor. Issued well over 400 awards, decisions in civil & commercial disputes. Specialisms all commercial matters.Ike EhiribeLLB (Hons) lagos, B.L, FCIArb, FSIArb, QDR, Barrister, Chartered
Arbitrator, Adjudicator, Visiting Professor & Commercial Mediator
2003 CEDR Accredited Mediator. 20 years mediation experience. Manchester University lecturer, visiting lecturer & professor at several overseas universities. CIArb commercial mediation course tutor & assessor. Specialisms construction & engineering.Dr. Peter FennBSc PhD FRICS FCIArb, Academic, Quantity Surveyor,
Adjudicator, Arbitrator & Commercial Mediator
1996 CEDR Accredited Mediator. 27 years mediation experience. CIArb commercial mediation course tutor & assessor. Specialisms, construction, contracts, corporate sale, landlord & tenant, employment, personal injury & professional negligence.Grant GoodladBarrister & Commercial Mediator
2002 CEDR Accredited Mediator. 21 years mediation experience. Consensio workplace mediation course trainer. Specialisms, business, charities, contract, education, workplace, landlord & tenant, media, partnership, public sector, wills & probate.Carolyn GrahamCommercial & Workplace Mediator
ADR Group Accredited Mediator. 17 years mediation experience. 19 years as a civil litigator. Specialisms, personal injury, clinical & professional negligence, partnership, employment, landlord & tenant, commercial contract, boundary & probate disputes.Phil HeskethSolicitor till 2008, Commercial Mediator
1997 ADR Group Accredited Mediator. 26 years mediation experience. Head of insurance litigation department, specialising in personal injury & insurance litigation. Specialisms, personal injury, professional negligence, partnership, landlord & tenant.Paul Hughes Solicitor & Commercial Mediator
2003 ADR Chambers Accredited Mediator. 20 years mediation experience. Specialisms, contract, debt recovery, consumer, property, repossessions, & personal injury.Maz Adam IqbalLLB (Hons), PGDip, MCIArb, CeMap,
Barrister, Mortgage Advisor & Commercial Mediator
2007 ADR Group Accredited Mediator.16 years mediation experience. Specialisms, property, insurance, construction, professional negligence, boundaries, landlord & tenant & engineering.Russell JonesSolicitor & Commercial Mediator
2008 Accredited Mediator. 15 years mediation experience. Specialisms, commercial, company, contract, employment, insolvency & personal injury law.Joe Al KhayatBarrister & Commercial Mediator
2003 CEDR Accredited Mediator. 2004 ADR Group Accredited Mediator. 20 years mediation experience. Various directorships. Specialisms, building, construction, family business, partnership, commercial contracts, landlord & tenant & professional negligence.Robin LeaBSc Mech Engineering, Commercial Mediator
1999 CEDR Accredited Mediator. 90% success rate. 24 years mediation experience. Specialisms, contract, employment, boundary, building & construction.Edward LegardBarrister, Employment Judge & Commercial Mediator
2007 ADR Group Accredited Mediator. 16 years mediation experience. Specialisms, construction, property, commercial landlord & tenant, boundary, shared ownership, occupation & Inheritance Act disputes.Michael McCourtLLB MSc FCIArb, Deputy District
Judge, Commercial & Family Mediator
2001 ADR Group Accredited Mediator. 22 years mediation experience. Specialisms, building, construction, civil engineering, professional negligence, boundary & contracts.Paul NewmanBarrister, Adjudicator & Commercial Mediator
2002 ADR Group Accredited Mediator. 21 years mediation experience. Qualified as a Solicitor in 1982. Family Mediator (MIAMs) trained also. Specialisms, family, probate, contract, debt recovery, & workplace disputes.Frances PlaceCommercial & Family Mediator
1997 ADR Group Accredited Mediator. 26 years mediation experience. Solicitor since 1991, for many years having obtained a Ist Class Honours Law Degree from Liverpool University. Specialisms, commercial, company, contract, employment, insolvency & personal injury law.John RocheLLB (Hons) Solcitor & Commercial Mediator
2007 ADR Group Accredited Mediator. 16 years mediation experience. Family & workplace mediation trained. Specialisms, probate, landlord / tenant, boundary, partnership, building, contract, insurance, professional negligence, family & workplace.Julian RendallLLM, MCIArb, FMCA, MIAM's PPC
Supervisor, Commercial, Workplace & Family Mediator
2002 CEDR Accredited Mediator. 21 years mediation experience. Specialisms, business, company, contract, debt recovery, director & partnerships.Jeffrey C RosenthalBSc (Econ) FCCA FCIArb MAE, Accountant,
Arbitrator, Expert Witness & Commercial Mediator
2008 ADR Group Accredited Mediator. 15 years mediation experience. Was a solicitor for 9 years, before being called to the Bar. Specialisms, litigation, trusts of land, property, landlord tenant & unlawful eviction.Tom RussellBarrister & Commercial Mediator
2008 ADR Chambers Accredited Mediator. 15 years mediation experience. Director at Davisons Solicitors & Head of the Dispute Resolution Team. Specialisms, construction, probate, family, employment, contract & professional negligence.Umran SadiqSolicitor & Commercial Mediator
2007 CIArb Accredited Mediator. 16 years mediation experience. Senior Counsel, Arbitrator, Conciliator, Med Arb & Expert Determination specialist. Specialisms, building, construction, civil engineering, rail, marine, energy, site remediation, professional negligence, contract & partnerships.Ken SalmonMCIArb, Consultant Solicitor & Commercial Mediator
2005 CEDR Accredited Mediator. 18 years mediation experience. Family Mediator also. Vice President of the Law Society of England & Wales. English, Punjabi & Urdu speaker. Specialisms, property, boundary, directors, probate & contract.Lubna ShujaSolicitor, Commercial & Family Mediator
2003 ADR Group Accredited Mediator. 20 years mediation experience. 70+ mediations. Specialisms, workplace, insurance, professional negligence, contract, property & private equity.Louisa TaylorSolicitor & Commercial Mediator
2002 CEDR Accredited Mediator. 21 years mediation experience. CIArb commercial mediation assessor. Issued over 175 arbitration awards. Co-author of ‘The Arbitration Act 1996 – A Commentary’. Principal Lecturer, University of the West of England. Specialisms, property, commercial & construction.Jonathan TecksMA, FCIArb, DiplCArb, Barrister,
Arbitrator, Academic & Commercial Mediator
2004 CEDR Accredited Mediator. 19 years mediation experience. Specialisms, construction, property, commercial, IT, market/industry analysis & business cases.Dr Paul WheatlyCommercial Mediator
2003 ADR Chambers Accredited Mediator. 20 years experience. Family & workplace mediation trained. Specialisms, construction, engineering, PFI/Projects, professional negligence, neighbour, litigation, family & workplace.Peter WebsterSolicitor, Commercial, Workplace & Family Mediator
2019 Accredited Mediator. 4 Years Mediation Experience. Managing Partner Gotelee LLP. Employment Solicitor, specialisms, workplace, employment & commercial litigation.Andrew WestSolicitor, Commercial & Workplace Mediator
20 Years of Experience, 1000+ Mediations, 90% success rate, mediated every type of commercial & workplace dispute.Harvinder Singh Bhurji
Jane encourages people to take full advantage of the mediation process and the control...Jane Walmsley
Dispute resolution; Professional negligence including Clinical Negligence; Product Liability; personal injury...Paul Balen
Conduct of employment law matters including unfair dismissal, discrimination and compromise agreement.Sundeep Singh Bhatia
Grants background involves both commercial and contentious aspects of the law.Grant Goodlad
She works cross sector and has mediated a wide range of disputes especially employment and workplace.Carolyn Graham
Professional Mediator accredited by ADR Group in 2006 with 19 years experience as a civil litigation solicitorPhil Hesketh
Specialist employment practitioner covering all major aspects of employment law.Edward Legard
Founded and managed Family Mediation Department at Lyons Davidson for 11 years.Frances Place
Louisa is an experienced and highly competent mediator with a background in private equity.Louisa Taylor
Construction & Engineering, PFI/Projects, Professional Negligence, Neighbour Disputes, Commercial Litigation..Peter Webster