Telephone Mediation
- July 20, 2016
Telephone mediation, self-explanatory, presumably? Well what is it? It is conducting a mediation over the phone surely I hear you say, although that is what it is, it is not as simplistic as that.
Telephone Mediation – The Rules
A telephone mediation works exactly like a face to face mediation. The rules of confidentiality, being without prejudice, being of a confidential and voluntary nature still all need to be observed and exercised. The process itself is usually done through a series of consecutive and joint conference phone calls. In essence a mixture of both.
The mediator will conference both, all parties into he call. Deliver their opening statement and invite position statements. As in an actual mediation, at some point the parties will be spoken to separately. The mediator will at this stage, end the conference call, and have a private separate call with one of the parties. The mediator thus uses a series of separate calls, as well as conference calls, when they wish to speak to all parties.
Telephone Mediation – When To Use it?
Some argue typically, a telephone mediation is best suited for straight forward and uncomplicated matters. And for those disputes which are relatively small in terms of the financial value being claimed. Apparently disputes with a value of £15,000.00 or less are best suited for telephone mediation?
I Do Not Agree!
Having said that I have mediated disputes with values of hundreds of thousands of pounds over the telephone. Some were extremely complicated, and not so straight forward matters at all. However, having been a mediator for over eighteen years I was comfortable in doing so. Having the relevant experience to undertake such matters. There are always exceptions to the rules. In general, although, I understand those who feel they are usually best suited to low value straight forward matters. I do not agree.
Logistics, where parties are too far apart geographically, using telephone mediation is particularly helpful. As this cuts out the travel time for the parties and the mediator. As well as the expense of hiring a neutral venue, attendance costs of solicitors, and the headache of syncing of diaries. Whereby it is often easier to find a suitable time and date which all parties can arrange / make if it is to be over the telephone.
Again flexibility also is a key benefit of these types of mediation services, I have often conducted telephone mediation’s in the evening or on a weekend, this assists parties with their work commitments, not having to take time off, arranging cover, childcare etc.
Finally, several of the face to face mediation’s I have conducted; have involved parties, who for a variety of reasons, do not wish to speak directly to the other party(s). Refusing to be in the same room as them, whereby telephone mediation, is ideal for such disputes and avoids all of this.
Telephone Mediation – When Not to Use It?
Although I have slightly touched on this above, where the parties insist on a face to face mediation. Where the mediator is not comfortable in using this method. Other mediators may have a different opinion?!
Telephone Mediation vs Face To Face Mediation
There really is no difference between the two types. As they both are as effective as each other if you have a skilled mediator with the right level of experience. However, emotion can be lost in translation? In several of my face to face mediation’s, I encourage when appropriate to do so, for the parties to speak to each other direct. Although this can be done through a conference call, is it the same thing? As emotion, body language, expression’s which can assist in unlocking a dispute between the parties are all lost and cannot be seen by the mediator and or the parties. However, with online mediation, this is no longer an issue, as the parties can all see one another.
To contradict myself yet again, sometimes body language, tone and expressions are not always useful to be seen, experienced by the opposing party as they can sometimes hinder negotiations, therefore…it is actually useful in such scenarios.
Telephone Mediation – To Conclude
Part of being an effective mediator is knowing what to mediate and how. Having the skills in helping the parties to unlock a dispute and lead them towards a solution and to advise them on what particular type of mediation process to engage in.
The one which will give them the best opportunity to attempt to resolve the dispute between them, telephone mediation can be a bit of a double edged sword, but are very effective if deployed correctly.
Telephone Mediation Video
93 Genuine Testimonials
The most any UK Mediator has! If you’ve had quotes from other mediators, how many did they have?!
Free Consult
& Mediation Leaflet
93 Genuine Testimonials
The most any UK Mediator has! If you’ve had quotes from other mediators, how many did they have?!
Free Consult
& Mediation Leaflet
Our Expert Mediators, Click On
Their Name To View Their Whole CV
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, CTLLSDirector, 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, MBACPPsychotherapist, 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, MCIArbDentist & 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 MEWICommercial Mediator & Accountant
2017 CEDR Accredited, 6 years mediation experience. Specialisms, commercial, company, contract, property, probate, IP & professional negligence.
Tim BennettPartner & Head of Dispute Resolutionat 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 DistrictJudge, 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 PPCSupervisor, 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 Previous
Next
2002 CEDR, Academy of Experts, ADR Group Accredited Mediator. 20+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, CTLLSDirector, International Commercial & Workplace Mediator & Trainer
1998 CEDR & ADR Group Accredited Mediator. 24 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, MBACPPsychotherapist, Coach, Commercial & Workplace Mediator, Barrister (non-practicing)
2004 ADR Group Accredited Mediator. 18 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
2002 CEDR Accredited Mediator. 20 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 2007 ADR Group Accredited Mediator. 15 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 PPCSupervisor, Commercial, Workplace & Family Mediator
2005 CEDR Accredited Mediator. 17 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