Mediation

Field Court Chambers Mediation Service is made up of highly experienced mediators and dispute resolution practitioners, at all levels of seniority, with skills across a broad range of Chambers’ practice areas.

Our Barrister Mediators have been trained in the psychological approach to mediation, and so are especially proficient at handling disputes with a high emotional content.

 

What is mediation?

Mediation is recognised as one of the fastest, most satisfying and most cost-effective ways to resolve disputes without the need to go to court.

Mediation, as a form of Alternative Dispute Resolution (ADR), involves an independent third party – a Mediator – who helps both sides come to an agreement in a whole range of disputes areas including:

  • Consumer
  • Commercial
  • Family
  • Personal Injury
  • Property
  • Employment and workplace

Mediation is entirely private and informal. It can help avoid unwelcome publicity and keep lines of communication open, whilst encouraging positive discussion. It can clarify matters, give you control over the outcome and allow parties to voice their views freely and to be truly heard. Mediation is extremely useful if you are likely to have an ongoing family or business relationship with the other party.

A settlement reached through mediation does not necessarily set a precedent for similar disputes in the future.

Many cases are now being encouraged to go to mediation by the Courts and you will be asked at trial whether or not you have done so. If you have not, then you may be penalised in costs.
With an experienced mediator involved, even intractable disputes can be resolved amicably, and going to Court really should be the last resort.

Is there any cost associated with mediation?

Yes but considerably less than going to court: you can ask our clerks about how much the mediation costs will be. If you are using mediation in a divorce or relationship breakdown, you may also be eligible for public funding depending upon your means.

Please click here for our current costs/fees for mediation.

How long does mediation take?

Straightforward disputes may be resolved in a single mediation session which need only take between 1-3 hours. More complicated cases or those where a large amount of money is at stake can usually be resolved in one day.

How binding is the settlement reached at mediation?

A civil/commercial mediated settlement is binding on all parties once they have all signed a settlement agreement.
A settlement agreement can be placed before any court to be enforced.

Will agreeing to mediation be taken as a sign of weakness?

No! Judges expect people to attempt to resolve their case before the court hears it, and will ask you if you have done so. If you have not then you may be penalised in costs. Mediation is conducted on a ‘without prejudice’ basis which means that, in the unlikely event that  settlement is not reached and the case proceeds to court, anything discussed in the mediation cannot be referred to in court.

Why use a Barrister as mediator?

Barristers are skilled at rapidly assimilating information, evaluating the strengths and weaknesses of their clients’ cases, negotiating with the other side, discussing strategy with clients and advising on likely outcome. It is this range of skills that barristers bring to the task of mediation, and which, with their legal expertise, make them ideally placed to mediate any dispute. When you appoint a Barrister as Mediator, you can expect the same high standards and intellectual rigour which they bring to the rest of their work at the Bar. Settlement success rates in mediation using Barrister Mediators are extremely high. Between 60-85% of cases that go to mediation settle. Also a Barrister can be invaluable as counsel at a mediation session to assist their client to achieve the best possible outcome from the mediation.

Field Court mediators

Field Courts expert panel of mediators are experienced in a variety of cases across Chambers’ practice areas that include commercial contract, professional negligence, workplace and employment, personal injury, intellectual property, IT, and hybrid family/commercial disputes.

Terms and Conditions

Please click here for our current Mediation Terms and Conditions.