About Us
What is Mediation
The parties meet in the presence of a mediator and each disputant presents an opening statement. This is often the first opportunity many litigants have had to face each other and express themselves to each other on the dispute and the impact it has had since the problem arose.
They will usually then move to separate rooms to consider their positions in private. The Mediator goes back and forth between the parties throughout the day exploring options and relaying possible offers, concessions and/or solutions to the other party.
When both sides are satisfied with the result, the mediator will record and confirm it in writing for both parties.
How Can Mediation Help you
Mediation is faster than going to court. Mediation usually takes a few hours and can be arranged within a few days. If a case goes to court, the process can take months or even years.
Mediation costs far less than going to court and the continuing and corrosive
professional fees needed for litigation.
Mediation is mutual and informal. The disputing parties are typically more amenable than they might realize prior to mediating to an opposing point of view and are prepared to make concessions. It could even go some way towards repairing the relationship prior to the dispute.
Mediation is a confidential and without prejudice process whereas Court hearings are open to the public.
Mediation offers greater control over the outcome. In a court, control is in the hands of the judge who can usually only award money or an injunction.
Site Content
Mediation is .....
- A process – In which a neutral person with professional skills brings together disputing parties in order that they may work together to find solutions to their issues.
- Consensual not adversarial – It’s voluntary and in the process, parties gain comprehension of how the necessary change may be created.
- Private and confidential – Parties can talk without fear of come-back and can explore ways forward. Nothing said on the day can be used against anyone or repeated outside of the mediation.
- Impartial, neutral and independent – The mediator works equally for both parties, not being controlled by anyone and having no interest in the outcome.
- Focused on the future – Reviewing what has happened is done only in order to move forward to enable parties to create something better.
- Focused on needs – Rather than on deciding the answers to legal questions; Needs over rights; What parties want out of the situation rather than a court view
- Fast and effective – Statistics show that the majority of mediations settle on the day or shortly after.
- Flexible process – The mediator manages the process by adapting it to the needs of the parties.
- Creative solutions – Parties can create outcomes that a court cannot order, and the process can produce surprising possibilities.
- Non-binding until settlement – A Settlement Agreement is only binding when both parties sign. The outcome is never imposed.
Mediation Process
Usually at the beginning of the mediation, the mediator conducts a joint session with all the parties present. During this joint session, the mediator will introduce the parties and their counsel and explain the mediation process, including the purpose of joint sessions and private sessions. The mediator will also discuss the confidential nature of the mediation process and explain that any information given during a private caucus will not be disclosed to the other party without permission.
Next, the mediator asks each party to make a presentation to the mediator and the other party to the dispute. The presentation is usually made by counsel. Sometimes a party will make its own presentation in addition to the one made by its counsel. Venting by a party during opening statements is not unusual in construction mediation. If the parties are hostile to each other, the mediator may eliminate the joint session and start the mediation with private sessions.
After the joint session, the mediator conducts private sessions. When conducting private sessions, the mediator meets and discusses the case with each party in separate conference rooms. The mediator exchanges information and proposals that he or she has received from the other party, with the ultimate goal of narrowing the differences in proposals and settling the dispute.
Based upon approach and style, some mediators do not hold an initial joint session with the parties and start the mediation with private sessions only. Such mediators hold joint sessions only when the parties are close to a settlement. However, most mediators believe the ability of the parties to talk to each other and express their position early in the mediation is important.
Personal Information
Professional Memberships & Training
- Member of the Chartered Institute of Arbitrators
- Member Chartered Institute of Builders
- Member Quantity Surveyors International
- Member Association of Cost Engineers
- Member Chartered Building Engineer
- ADR Group accredited civil and commercial mediator
- Associate of the Royal Institution of Chartered Surveyors
- Member of the Civil Mediation Council
- Degree Quantity Surveying and Construction Management,
- Diploma in Adjudication
- Advance Diploma in Contract Management & Practice (Dispute Resolution)
Areas of Specialism
- Boundary Dispute
- Building & Housing Disrepair
- Commercial
- Company
- Contract
- Construction Disputes
- Commercial Agents claims
- Dilapidations
- Defective workmanship
- Employment disputes
- Engineering
- Extensions / penalty claims Quantum disputes
- Final Accounts
- General Housing Repairs
- Insurance
- Landlord & Tenant
- Property
- Party Wall Disputes and Appeals
Using his considerable experience of the construction industry, ancillary activities and commerce and contracts in general Andrew has the ability to identify and understand the important issues in disputes in the following fields: general litigation, boundaries, construction, professional negligence, environmental, energy, commercial contracts, landlord and tenant and neighbours.
Andrew has over 35 years extensive experience in the construction industry as a quantity surveyor and project manager and has worked for both consultants and contractors in the U.K. and overseas. Most of his current work involves acting as consultant Contract Manager focusing in Dispute Resolution.
He has the benefit of his quantity surveying training and experience as well as his project management experience over a wide range of differing projects. Andrew is still a practising Contracts Manager and is involved in a variety of both small and large projects for a wide variety of clients including international employers, developers, consultants, major, medium and small contractors and specialist sub-contractors, individuals and insurers. He then applies his knowledge to get disputing parties to recognise the strengths and weaknesses of their case and to take this into account in their deliberations, in order to reach settlement and closure of their dispute.
He is an excellent communicator, with an incisive, analytical mind. He is a lateral thinker which, combined with his professional experience, enables him to help parties find practical solutions to their disputes. His style is relaxed and informal, but he is willing to ask hard questions to keep parties focused on practical solutions to the issues in dispute.
Andrew’s approach is based on seeking to understand each side’s positions, feelings and interests. He helps each to achieve clarity, and to focus on the key issues. He prepares thoroughly and will always go the extra mile before and after the session to get the deal done.
Fees
Generally, the Mediation fee will depend on the value of the claim, the length of the mediation and, occasionally, the complexity of the issues. We have a flexible approach to fees and are happy to discuss and agree a fee that reflects value to the parties.
These are our guideline fixed fee (per party) rates for a standard, 8-hour day mediation (9am to 5pm):
· Up to £50,000 £450 (fixed fee per party)
· £50,000 - £100,000 £600 (fixed fee per party)
· £100,000- £250,000 £850 (fixed fee per party)
· £250,000- £500,000 £1250 (fixed fee per party)
· Over £500,000 By arrangement
Hourly rate for extra hours: £200 per hour
All rates are exclusive of VAT and include preparation time and reasonable travel within the UK.
We can arrange the venue at reasonable rates, or the parties may choose to do this.
Invoicing and Payment of Fees
Each party will receive an invoice on confirmation of the mediator’s appointment which sets out:
· The fixed fee payable by them.
· The proportion of any expenses payable by them (which – unless agreed otherwise by
the parties - will be 50% if there are two parties or one third if there are three parties).
Failure to pay the amount invoiced by 9am the day before the mediation will result in the mediation being postponed.
Any additional fees incurred with mediator time (as explained above) will be billed to the parties in equal shares and will be payable within 14 days.
Interest on unpaid fees and expenses will be charged at 5% above the Bank of England base rate and levied on a monthly basis.
UK VAT will be charged and is payable.
A cancellation fee of £350 plus VAT will be charged if the mediation is cancelled at any time after a booking is made.
Should either party need to postpone the mediation, again please notify our administration team immediately. Where the mediation is postponed for a period of 14 days or less, there will be no cancellation charge unless expenses have been incurred on your behalf. Any expenses incurred will be payable by the parties in equal shares.
Photo Gallery
