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Mediation News

08-02-2016

Where Mediations Take Place?

Where do mediations take place, The answer to that is where do you want them to, and with increasing technological advances how?

The short answer is a mediation can take place wherever and however you like, within reason of course, that is one of the beauties of mediation, because it is such a flexible process it does not have to adhere to any type of formal process or set of rules, unlike for example a court hearing which has to take place in a court, or a visit to the dentist which will have to take place at their surgery and so forth.

I mentioned above within reason, therefore a mediation would need to take place in a practical location, and or venue and not for example in a public internet café.

Where do mediations take place.

I myself have acted as a mediator in a variety of locations and venues; mainly I have mediated and do mediate face to face mediations at;

  • County courts.
  • Solicitor’s offices.
  • Barrister’s chambers.
  • Business premises if the parties have offices.
  • Neutral venues, even where parties have or do not have their own offices, solicitors offices they sometimes feel and want a neutral venue, for whatever reason, so these will usually be meeting, conference rooms at a local hotel to the parties. Equally as parties are quite often based across the country, sometimes it makes sense to meet at some half way point, rather than all having to travel up to one party, that includes me, Birmingham, London and Manchester always appear to be key cities which are half way points between parties, ideal also as they connect to other major cities, motorway and public transport links easily.

Where do mediations take place..

Hence why I probably spend the majority of my time promoting our Birmingham mediation services, as I appear to spend the majority of my time mediating there now, which is handy as I live in Birmingham also.

Neutral venues will however usually attract further costs which are typically shared equally between the parties, whereas there usually is not a cost if you are able to provide a venue yourself.

  • I also mediate at parties homes, if it is possible to do so, I usually only do this for boundary disputes, as the boundary is the subject of the dispute, it makes sense to mediate on site and see the actual issues and try resolve the same, however having said that I have also mediated boundary disputes from solicitors offices and not always from site.
  • Over the telephone, where for some reason, mostly due to ill health, or to save on costs, or there is just too much distance between the parties and it is feasible, I will and do mediate over the telephone, however it is important to note with telephone mediation services the following protocol should be followed, in my fourteen years of mediation experience and the below situations, telephone mediation would really only be suitable for;
  • Straight forward and uncomplicated disputes.
  • Those disputes with relatively a small to medium sized value so perhaps £30,000 or less.
  • Although distance and getting parties together all on the same date can be an issue, and a telephone mediation can easily get around syncing of diaries and avoiding distance, this should not replace a normal face to face mediation, if the dispute does not meet the criteria above, for example if the dispute is complicated and has a high value, regardless of the distance then a face to face mediation should take place.

Where do mediations take place…………

Therefore to conclude a mediation can really take place wherever you would like it to take place, as long as the location and venue has been agreed by all party to the dispute, and is accessible, I actually mediated on a car park once, as the claimant ran his offices from there and it actually was ideal as the dispute was over a BMW which had been parked on the car park and had been sold off as no one came to recollect it after the season ticket that the defendant had paid for expired, however there were two separate office spaces, not ideal, but it worked!

Finally, any venue and location must also have adequate facilities, i.e. internet, access to emails and telephones, separate rooms which if possible are not next to each other for confidentiality purposes and it is the mediators role to ensure all of this is in place when arranging any venue. Where do mediations take place, well, where you want them to?