Mediation
APPROPRIATE DISPUTE RESOLUTION
Litigation is becoming increasingly costly and time consuming in a world which is moving forward at a cracking pace. Westgate Chambers now offers a full civil, commercial and family Mediation Service to Solicitors and individuals as an alternative and often more appropriate process for resolving disputes.
We have three fully qualified Barrister Mediators; Gavin Argent was accredited with the ADR Group in 1996, and is a member of their panel of Lawyer Mediators. He is a founder member of Solent Mediation Group, and is listed on the Bar Council List of Barrister Mediators. He has successfully mediated a large number of disputes over more than 10 years, as well as taken part as advocate in several. Gavin wrote and presented the Inns of Court School of Law CPD course “An Introduction to ADR and Mediation”.
Jeffrey Lamb became qualified as an Accredited Civil and Commercial Mediator with the ADR Group in April 2009. His practice as a barrister is now solely in the area of criminal law. In addition to his criminal practice, he once practised extensively in contract law and acted in a number of cases involving students suing their colleges and universities for breach of contract. He has had a number of publications including articles in Section 34 of the Criminal Justice and Public Order Act 1994 in [1999] 10 Archbold News 4 and “When is an Offence not an Offence?” in Justice of the Peace, Vol 164: No. 8 (19 FEB 00) and his publication Sexual Offences (ISBN 0-406-95819-X), published in April 2003 by Lexis Nexis Butterworths.
Dinah Loeb has specialised in family law since 1990 and qualified as a Resolution trained family mediator in 2003. Her mediation practise covers all areas of family law including issues relating to family finances and children. As an experience family practitioner Dinah is ideally placed to help people address the problems that they face when a relationship breaks down and to help them to make decisions about their children, property and money.
Areas of law suitable for Mediation.
Commercial, Contract, General Tort including professional and clinical negligence, Landlord and Tenant including Business Tenancies, Neighbour Disputes and Boundaries, Sale of Goods and Services, Local Government, Judicial Review, Probate and Wills, Cohabiting unmarried couples and Trusts. This list is not exhaustive.
When to Mediate?
Anytime, preferably before the costs of the dispute have become overwhelming.
Where to Mediate?
Westgate Chambers now has a mediation suite in our new premises at 64 High Street, Lewes, the use of which is included in the fee. Alternatively, if the parties prefer, mediations can take place in a Solicitor’s office or in a neutral venue such as a hotel, conference centre or offices. One room for each party is required, together with one further room being large enough to accommodate all parties around one large table.
What’s in it for Solicitors?
The opportunity to provide an appropriate dispute resolution process for your clients speedily and less costly than otherwise might be the case. They will thank you; give you repeat business, and spread the word that your firm delivers.
Increased turnover will compensate for any anticipated losses of litigation derived fees.
And remember, there may be costs implications for clients who refuse to mediate in accordance with the overriding objective.
General Points
Both Counsel and solicitors may appear at mediation, at the discretion of the parties. The mediator is trained to deal with any imbalance in representation, and parties should not feel obliged to match like with like. Parties may appear in person. All our qualified mediators are available to discuss the process in more detail should parties wish to do so.
Mediation is Without Prejudice, private, and in no way affects one’s right to later take the dispute to Court. Nothing said in mediation can be repeated in Court. The Mediator cannot give legal advice to the parties if unrepresented at the mediation, and so unrepresented parties must make arrangements to obtain legal advice by telephone during the mediation.
It is an essential requirement that someone with authority to settle is at the mediation, or at a minimum, is in telephone contact with such a person. The Mediation Agreement stipulates that there must always be such authority.
The Cost
Normally each party will pay an equal proportion of the costs, unless otherwise agreed. All costings are inclusive of VAT. Details of charges are available upon request to the Clerks.
Prior to the mediation taking place, the Mediator will make an assessment of the likely length of the mediation, and will raise an invoice for that period against each party, which must be paid before the mediation takes place. In the event that the mediation exceeds that period, which can only be by agreement of all present, an invoice for the balance will be raised and must be paid within 28 days of receipt.
Setting up a Mediation
If anyone wishes to discuss mediation as a conflict resolution tool or just generally, please contact the Clerks at Westgate Chambers. Gavin Argent is available to discuss the process in more detail should parties wish to do so.
Family Mediation
Westgate Chambers offer Family Mediation as a service. We offer mediation in high value Ancillary Relief cases for private clients, all areas of matrimonial matters and private law matters. It should be noted that the process follows the civil/commercial mediation model, and is appropriate if there are substantive issues with regard to disclosure of assets by either or both parties.
