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Step 1 - Agreement to mediate

Contact the Association of Midlands Mediators by writing or telephoning the Birmingham office at 0800-633-5460 or the Nottingham office at 0115-936-9368. There are no appointment fees and an advice line gives impartial advice on how mediation works. The association will not contact the other party to the dispute but will discuss with one or both parties the mediation services available. No charge is made for this initial consultation.

If the parties have already agreed to mediate.

The parties should send to the Association a statement to this effect including name and address details of the parties involved and any professional advisers. A brief summary of the nature of the dispute should also be included. The Association will provide, at no cost, CVs of mediators. Mediators are chosen by the parties and not by the Association.

Step 2 - Preparing for Mediation

Following the Mediator’s appointment, he/she will liase with the parties to arrange an appropriate date and location for the mediation and co-ordinate an exchange of case summaries between the parties and the mediator if he/she considers this appropriate.

The mediator will forward or bring an appropriate mediation agreement to the first mediation meeting for signature by the parties. The fees and costs of the mediation will be agreed between the mediator and the parties, and must usually be paid before the mediation starts. An indicative scale is given below. A more informal procedure can be adopted in urgent cases or for preliminary meetings.

Step 3- The Mediation Process

One of the strengths of mediation is its flexibility to adapt to the circumstances of the parties and the dispute. There is therefore no rigid procedure. Mediation can be based on joint or separate meetings of parties and mediator; technical experts engaged by the parties can, for example, play a part. The stages below describe a typical commercial mediation, often only requiring one day.
The mediator will explain the procedure to be adopted at the first meeting with the parties. In most cases, mediation begins with an initial joint session with the parties during which each presents a summary to the mediator of the case and how they see it. The mediator is often assisted by an assistant mediator who will also have received formal mediator training (see below).

After a period of questioning and some discussion chaired by the mediator, the mediator will meet each party privately to explore the case in confidence. Several sessions of this kind may take place to allow the mediator to be fully briefed on the background to the case and each party's views and interests. This will permit frank discussions to take place on possible options available to resolve the dispute. The mediator will explore these options and any settlement offers to be made, with each party, but will not disclose any information given in confidence without the relevant party’s agreement.

If agreement is reached, terms of settlement are drafted with the assistance of the mediator. When finalised, these terms are normally signed by the parties with the intention of forming a legally binding contract. If the mediator or any party comes to the view that agreement cannot be achieved, then the mediation will be ended or postponed to a future meeting.

The mediator may, if the parties agree, suggest terms of settlement to the parties as a basis for future negotiation. Such suggestions are based on the mediator’s view of possible negotiated terms for settlement and are not a legal or expert opinion. At the request of the parties, the mediator will draw up and issue to them, a review report summarising the outcome of the mediation and the differences that remain unresolved.

Step 4 - Follow up

The mediator will invoice the parties for any additional costs and expenses incurred.

Who are the Mediators?

The Association’s mediators are drawn from a panel of experienced mediators who have successfully undertaken training through a training course organised and or approved by the Association and have satisfactorily completed a number of mediations in the role of assistant mediator. The panel comprises some 60 mediators all of whom are based in the Midlands. The Association recognises that CEDR (the Centre for effective Dispute Resolution) ADR Group and Regents College School of Psychotherapy and Counselling are leading training organisations in this field. It is important to appreciate that the ability to mediate does not rely upon specialist technical or legal knowledge of the matters in dispute and it is not for the mediator to make any decision on the technical or legal merits of a party’s case. All our mediators offer a wide range of experience in all aspects of dispute resolution.
How much will a Mediator cost?

Members of the Association of Midlands Mediators will normally charge Fees in accordance with the National Mediation Helpline scales. These are as follows:

Amount in Dispute
(Claim plus any counterclaim) Fee per Party
£ 5,000 or less (small claim) £100 for a mediation of up to 2 hours; £50 per hour thereafter.
£ 5,000 to £15,000 (Fast Track) £250 for a mediation of up to 3 hours; £84 per hour thereafter.
£ 15,000 to £50,000 (Multi track) £375 for a mediation of up to 4 hours; £93.50 per hour thereafter.
Above £50,000 By agreement with the mediator

All of the above figures are the fees per party and are subject to the addition of VAT. The fees are based on the assumption that the mediation will be concluded on the day it begins - different rates may apply if the mediation is expected to go into a second day or beyond. Preparation time prior to the mediation is included in the above fees. It should also be noted that all incidental expenses such as costs of venue, travel and subsistence costs would be additional to the above scales.

Members of the Association of Midlands Mediators are required to pay an introduction fee of 5% of their fees to the Association to cover administration.

In the event of the Mediation being unsuccessful, the costs incurred by each party in relation to the Mediation (including the party’s share of the Mediator’s fee) will be part of the costs of the Dispute. These costs are, therefore, capable of falling within the scope of any costs order made by the court in litigation relating to the dispute.

The Association of Midlands Mediators - Address from 26 November 2007
PO Box 14188
Birmingham B2 2HD
Tel:0800-633-5460                        

Email: amm@echarris.com

Email: info@ammediators.co.uk

Disclaimer - The articles and information contained on this website are general information only based on English Law. They do not constitute a comprehensive review of the applicable law nor is it intended to create a professional or business relationship.

The materials on this website do not constitute legal or other professional advice. Before acting or relying in any way upon any information given you should seek detailed legal advice. Any reliance upon the information provided is at the user's own risk and the Association of Midlands Mediators accepts no responsibility for any loss caused.

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