Mediation

"Mediation can be used in a wide range of disputes, and in many cases produces an outcome which would not have been possible through the strict application of the law". (Lord Justice Woolf: Report on Access to Justice)

In some instances, neither litigation nor negotiation may be the right way for you. Sometimes litigation can be expensive, protracted and produce unwanted publicity. Inevitably, the relationship between litigants is fractured.

Negotiation of out of court settlements can produce very good results but, like litigation, they can be antagonistic and leave one party feeling bruised.

That's why we offer Mediation (also known as Alternative Dispute Resolution or ADR) as an additional service. Mediation is an entirely confidential, voluntary process in which the parties - with the help of an impartial mediator - work towards a common resolution.

Ashby Cohen offers a mediation service at three levels:

Before escalation: most commonly in an attempt to resolve interpersonal or workplace disputes before they turn into formal grievance or disciplinary matters or public lawsuits.

Before litigation: as a means of avoiding the stress and expense of going to court

During litigation: as a means of finding a solution other than in court; or at the recommendation of the court

Our Mediators are fully qualified and accredited practitioners. They are drawn from a range of professions; each bringing with them their own unique insights and approaches. Their profiles are available on request for you to choose from.

See below for further information, or contact us

How mediation works

The parties in a dispute agree to try mediation.
The parties agree to a mediator - usually drawn from a joint list of names.
Each party prepares a summary of their case with copies of the most relevant documents.
The mediator contacts both sides separately - gathering and imparting relevant information.
The mediator and the parties agree a mutually convenient and appropriate venue and date for the mediation.
Normally, a day or half day is set aside.
The venue normally consists of separate rooms for each party and (if present) their solicitors and a 'neutral' room.
At the beginning of the session, the parties normally (but not always) meet in the neutral room where the ground rules are explained and where each party may wish to make a brief statement of their case.
The parties then move to their rooms and the process begins - with the mediator moving in between to establish common ground and to help the parties find a resolution.
If resolution is reached, this can be drafted into a short form agreement which can then be made binding on the parties.

Why choose mediation?

Cost	It is much less expensive than litigation.
Speed	Litigated disputes can take months and even years. Mediation can be set up and executed as soon as the parties are available; sometimes in days.
Stress	Mediation is, by its nature, not confrontational and therefore much less stressful than litigation or even negotiation.
Confidentaility	The entire mediation process is confidential and 'without prejudice'.
Safety	Mediation aims at reaching a resolution acceptable to both parties. Unlike litigation, there are no losers.
Possible penalty	If you fail to consider mediation, it may affect any costs award made in a court case.
Relationships	During litigation, relationships are often irretrievably damaged. During mediation, strained relationships are provided with the opportunity to be rebuilt and strengthened.
Success	Mediation results in a satisfactory resolution to both parties in around 80% of cases.

If you would like to know more about mediation and how it could help you, please contact us.

Ashby Cohen are a firm of solicitors who specialise in UK employment law, covering issues such as bullying in the workplace, maternity leave rights, TUPE law, redundancy law, sexual harassment, age discrimination, unfair dismissal and racial discrimination, as well as a host of other employment law matters.