- ‘In the commercial sphere the big difference from perhaps 15 or 20 years ago is that mediation is no longer regarded as some mystic art.’
- ‘Organisations like CEDR have done a great job of training and informing people. Many barristers who are taking part in mediation will themselves be mediators or have been in training. So, it holds no fears for them. ‘
- ‘Mediation is part of the dispute resolution landscape in a way it certainly wasn’t a few years ago.’
- ‘There is an obvious tension in promoting mediation through compulsion. Moreover, the timing must be right for mediation to work, and correctly judging the right point at which to attempt it depends on highly variable factors. One concern I have about the court prescribing that parties should go into mediation, is if the court does it at the wrong moment in the ebb and flow of the process. Then the parties may say, “right, we’ve been to mediation. It didn’t work. We’ll go to court now”. Whereas, he adds, ‘if you give them the space – a little longer– get the expert evidence in, get witness statements in – then maybe they’ll crack it at that moment rather than another.’
- For insurers, Gordon Dadds’ Bingham notes, mediation ‘sits well with ombudsman services and other [non-court options] so I think it’s part of the industry expectation’. He adds: ‘My experience is that increasingly, and certainly for the bigger cases, representatives from the insurers are attending or making sure that they’re on the end of the line. I don’t regard insurers as hindering the process. I think they are facilitating [it].’
- ‘On the commercial side the amount paid to mediators can be an issue. Where parties are seeking to reduce the cost of a mediation, the rates paid to the mediator can be a more common target than the client’s own legal team – this despite the latter making up 85% of the cost of a typical mediation.’
All members of Gordon Dadds dispute resolution and family law teams are trained to advise you on mediation and, where appropriate, to represent you at mediations. In addition, some members of the firm are trained mediators and accept appointments from individuals and businesses to act as mediator in a wide range of disputes. See more here.