Mediation solicitors

What is mediation?

Mediation, a form of Alternative Dispute Resolution (ADR), is one of the most popular and effective methods of resolving matters through negotiation. It is particularly attractive when the alternative option for individuals and businesses are complex and potentially costly court or arbitral processes. The objective is for the parties to reach a mutual agreement with the assistance of a neutral third party, the mediator, who guides their negotiations.  The mediator facilitates the resolution of the parties’ differences by seeking to understand and focus their attention on their needs and interests and by exploring the alternatives to a protracted dispute.

Mediation has become a firm feature of modern disputes. It is a confidential process which takes place on the basis that what is communicated between the parties at the mediation is also “without prejudice.”  That means that what is said at a mediation cannot be relied on or referred to outside that process without the parties’ agreement. This gives the parties the opportunity to speak openly and, when assisted by a mediator, the process can be extremely effective. Typically, more than 80-90% of mediations result in a settlement.

Advantages to mediating

There are many advantages to mediating:

• Mediation is confidential and fast, with meetings tailored around the parties’ schedules. It can take place in person or virtually.
• The process is cost effective, very significantly less expensive than a protracted dispute. If settlement is reached, the cost of the dispute can be brought to an end immediately.
• The parties maintain control, with the mediator providing support to help them evaluate what makes the most sense to them. Resolution is only reached on the basis of what is acceptable to the parties — decisions are not imposed on them by a judge, arbitrator or tribunal.
• The process is creative. This allows bespoke and innovative solutions to be found, suited to the needs of each individual case.
• Mediation offers the parties certainty about the future, not only capping costs but also putting everyone in a position where the uncertainty of a continued dispute is avoided.
• The process may also help the parties to repair relationships and can form the basis for future cooperation.
• Mediation is a voluntary and informal process.

How can we help?

Members of our team regularly act as mediators in relation to disputes of all kinds, including:

• Family disputes (see our dedicated page on divorce mediation)
• Contested probate/executries, divorce and child arrangements
• Pre-nuptial agreements
• Commercial/contractual disputes
• Property disputes
• Partnership and shareholders’ disputes, including for Solicitors, GPs and other professionals
• NHS and Healthcare disputes
• Employment law disputes (including resolving potential break downs in relationships)

Our team of mediators can provide assistance throughout the UK, as well as internationally and includes:

Antony Ball — Antony is an accredited mediator and family solicitor. He is renowned for his expertise in both financial and child law matters with over 20 years of experience in both divorce settlements and cohabitation disputes. His practice often involves entrepreneurs, senior executives and directors and other high net worth individuals from professional backgrounds including finance, healthcare and farming.  As an experienced mediator and solicitor, Antony is able  to cut through the most difficult of cases including matters involving complex business structures, family owned businesses and partnerships, pensions (including defined benefit/final salary pension schemes and SIPPs), inherited and pre-marital wealth as well as landed and farming estates, where issues of liquidity, valuation and trust arrangements often feature.

Carolyn Morgan — Carolyn is based in Glasgow and has acted as a mediator in a broad range of disputes involving both individuals and businesses, including commercial disputes, contentious property matters, conflicts between employee / employer and disagreements amongst beneficiaries in the administration of a deceased’s estate. Being a litigator with over 20 years’ experience, she has extensive negotiating and problem-solving techniques and skills. This enables her to help parties in conflict to reach resolutions that are beneficial to each of them. She has an empathetic, friendly and respectful manner and is able to adapt to the changing needs of the parties in any situation.

Andrew Cromby — Andrew is an accredited Mediator and commercial litigator with more than 30 years’ experience. He has been recognised as a leading individual in partnership disputes for two decades. His litigation practice also includes contractual, business ownership and shareholder disputes and has been described in independent legal directory Chambers UK as someone with the “ability to steer a clear, sensible course through very troubled waters.”  Andrew has empathy and authority and draws on his experience to understand the parties’ perspectives and defuse emotive issues. He is also the Regional Office Head for Weightmans in London.

Sejal Raja — Sejal has significant experience in assisting clients through the mediation process and resolving disputes without the need for protracted litigation and resolving complicated workplace disputes. Sejal has over 25 years’ experience in dealing with complicated employment and HR issues and brings her significant expertise in this field to resolving disputes in a compassionate and professional manner.

We also routinely represent clients at mediations, presenting their cases to protect their interests and secure settlements.