Andrew is passionate about mediation. He has specialised in dispute resolution, commercial and civil litigation, since the 1990s. Having been involved in hundreds of mediations, he now conducts mediations involving property disputes and wills, probate and inheritance disputes. Take a look at the overview panels below for how Holt Mediation can help in different types of cases.
Mediation is suitable for resolving almost any dispute. The overall success rate for mediation remains very high, with an aggregate settlement rate of 89%.
Mediation is outside the court system and is usually much faster than going to court, even in small claims cases it takes around a year to get your case heard. We can arrange your mediation in a matter of days or weeks, depending on the participants.
Q: Why can’t I mediate the problem myself? What is stopping me moving forward on my own?
In conflict many people ‘fight or flight’. Disagreement, misunderstanding, poor communication, or worse, insults, create a lack of trust. You tend to become entrenched. You might not want to lose face or back down, especially if you are part of an organisation or in a family who have an interest in the outcome. It is very difficult to break this deadlock on your own.
Q. Does there have to be a meeting for mediation to work?
Whilst it is often best that the parties meet to try to gain an understanding of each other’s positions, the process is flexible. Sometimes a meeting would not be productive.
Q. Where will the meeting be?
This is usually at a neutral venue agreed by the parties. Meetings can also take place by video eg. Zoom, Microsoft Teams, Skype or Facetime.
Q. Do I have to take my opponent’s best offer on the day?
No, the decision to accept or reject any proposal is yours.
Q. What is the success rate for mediation?
Data from CEDR in 2018 suggests that nationally it is over 80%. However, success is not always measured in terms of whether there has been a legally-binding settlement agreement. A successful mediation can also be one where there is a win-win for all parties. Or perhaps an understanding has been reached so the parties can move forward and settlement could happen afterwards.
Q. How long does the mediation take?
Usually one day. Again, this is flexible and if the parties for example would like to conduct the mediation over Zoom, the sessions could be staggered over more than one day.
Q. What do I need to prepare?
If you have a solicitor they will prepare the necessary paperwork for you. This is usually, but not always, a short position statement or case summary, setting out your case and what you would like to achieve, plus any relevant documents.
Q. Will you tell the other side to settle my case? Will you give them a hard time about their case?
We will not give advice or impose a settlement on any party. However, that does not mean that a weak or flimsy case would not be commented on privately; part of the mediator’s job is to “reality-test” and play Devil’s Advocate in private sessions with the parties, if we think that would help.
Q. What should I wear?
The mediation is conducted in a business-like way, so it is relatively formal. There are no fixed rules as to what to wear and you should wear whatever you would feel comfortable in.
Q. Do I need a solicitor or barrister?
We find that mediation encourages the lawyers to work together. Most mediations we carry out involve lawyers being present and this helps the process, but it is not a requirement. Mediation can take place with or without lawyers and it is perfectly suited to those who are representing themselves.
What is the future of mediation?
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