Mediation for Residential Property 19 March 2014

Speakers Tim Reid Property Litigation Solicitor Accredited Mediator Steven Neasham Property Solicitor

Straw Poll If you had to go to a Mediation next week how confident would you feel about the process?

Jaw Jaw is better than…

 No CPR  No judge  No court room What is Mediation?

But the Court gets to the truth…  Four versions of the truth  Four lawyers in most trials  Why do we have Appeal Courts….?

What are the advantages of Mediation?  Quick/ Cheap(er)  Less hostile  Parties control the process  Confidential  It can recognise needs & emotions  Courts only focus on right or wrong  Parties choose the mediator  Agreement = compliance  Mediation offers closure - Litigation gives a winner  Continuing Relationship

What are the disadvantages of Mediation?  May be used as a delaying tactic or fishing expedition  Injunction may be required  Another layer of cost  Parties may not want to compromise  A precedent may be required: Public Law/Public interest  It’s a sign of a weak case...Is it?

Should Lawyers support Mediation? There are few disputes that aren’t susceptible to mediation or settlement Sir Anthony Clarke, Master of the Rolls May 2008

Emphatically…

Directions Questionnaire For legal representatives only I confirm that I have explained to my client the need to try to settle; the options available; and the possibility of costs sanctions if they refuse to try to settle.  Given that the rules require you to try to settle the claim before the hearing, do you want to attempt to settle at this stage?  If you answered ‘No’, please state the reasons why you consider it inappropriate to try to settle the claim at this stage.

Some facts…Judge for yourself  More than 2/3 of small claims cases of less than £10K (up from £5k) go to a hearing  Small claims account for 75% of all civil Litigation  HMCTS has in house mediators- the service is FREE

Who are the Mediators?  Solicitors  Barristers  HR Professionals  Accountants  Marketing Professionals  Engineers  Surveyors  You name it!

 Trained and accredited  Indemnity Insurance  Experience?  Same procedures?  Able to listen What do Mediators have in common?

What is the role of the Mediator?

What happens in a Mediation?  Each Mediator has their own style  A venue will be agreed between the parties  Sets the table  Opening statements  Confidential meetings

What happens on the day?  Open session  Confidential sessions  Mediation shuttles

How long does Mediation take?

What will Mediation cost?  Small Claims From £100 + VAT per hour per party for 1 hour  Multi Track to £50K £425 + VAT per party for 4 hours  Or what ever can be negotiated.  Your management costs?

Will Mediation work?  80% Success rate - both parties happy (compared to Court)  No such thing as unsuccessful mediation  Win/win or share the pain equally?

You Choose your Mediator  Why wouldn’t you want to?  Get CVs  Take up references  Put your selection to the other side   CVs online

Who should attend your Mediation?

The knowledge…  Preparation  Contents  At the Mediation

Cost implications  Cost Consequences of litigation  Mediators fees - NMH/Provider  Venue fees  Time limited.....run overs

Tim’s Top Tips!  Parties control the process  Understand and embrace the process  Don’t turn up unprepared and wing it!  Choose a mediator carefully!

The end of litigation?

Straw Poll If you had to go to a mediation next week how confident would you feel about the process now?

The way forward…  Always consider Mediation  Brethertons can recommend suitable and trusted Mediators

Further Questions… Tim Reid Brethertons LLP Follow us @timmyreid   