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Q&A

What we offer

Mediation

Mediation

Mediation is a common form of alternative dispute resolution in commercial disputes. The parties, usually accompanied by their legal advisers, meet with a mediator to attempt to reach a settlement. The mediator is an independent third party whose role is to facilitate negotiations and settlement between the par
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Arbitration

Arbitration

Arbitration is often used as a quick and relatively inexpensive way to settle contract disputes.  It can be final and binding if the parties so agree.  Resolution of a contractual dispute by Arbitration is frequently agreed to by the parties entering into a contract. Contracts usually include
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Adjudication

Adjudication

Adjudication is currently used almost exclusively in the construction and engineering industry. The Adjudicator is usually a construction or engineering expert or barrister specialising in technology and construction law appointed to give an opinion on the issue (sometimes technical) to allow work to carry
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Expert determination

Expert Determination

Expert Determination is a procedure in which a dispute or a difference between the parties is submitted, by agreement of the parties, to one (or more) experts who make a determination on the matter referred to it or them. The determination is binding, unless the parties agreed otherwise and may hav
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Expert evaluation

Expert evaluation

Expert evaluation is similar to expert determination but as the process suggests it is an evaulative process not a determiniative one.. The expert’s decision is not binding but can be considered advisory. This is known as Expert Evaluation. Although not binding the evaluation often forms the basis o
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Facilitated negotiation

Facilitated negotiation

This process is very similar to the Mediation process except that the negotiation process will be more actively progressed by the input of the experienced legal facilitator.  The Facilitator employs the same skills as a Mediator and shuttles back and forth between the parties helping each p
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Mediation

Why Mediating Works?

Why Mediating Works?

MW offers experienced professional legal and business Mediators and Arbitrators who carry accreditation and PI insurance. The benefits of Alternative Dispute Resolution:Because Alternative Dispute Resolution is usually a voluntary process it ensures: maximum flexibility for parties to agree to use
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What is Mediation?

What is mediation

Mediation is an effective method of resolving conflicts and provides the opportunity to try and reach a facilitated settlement with the assistance of a neutral third party, a qualified Mediator, without the cost and anxiety of a full court or tribunal hearing. It is confidential, flexible and a
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What is On-line Mediation and how does it work?

What is online mediation?

Traditionally Mediation has been facilitated by face to face meetings with the other parties and the Mediator who acts as a go-between.  In recent years and with the rapid development of the Internet as a tool for progress, the trend has been increasingly for on-line dispute resolut
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Why Mediation?

Why mediation?

Once parties embark on a formal court process, it is easy for costs to spiral and/or become disproportionate to the amount of the claim. Litigation risk will play its part in that there is a risk that you will not be successful and be ordered to pay the other party’s costs. Mediation provides the
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Who Pays?

Who pays?

Parties usually agree to share the mediator’s costs, and to each pay their own legal costs if any in connection with the mediation.

What does the Mediator actually do?

What does the mediator actually do?

A mediator is an independent and neutral facilitator who will help resolve a variety of commercial, contract and negligence disputes and in employment situations disciplinary or grievance issues by examining the symptoms of and motivations for conflict.  The Mediator initial
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What is the chance of success?

What is the chance of success?

The rate of success for those undertaking Mediation is very high with an 87% success rate. Typically a settlement agreement is signed on conclusion of the Mediation. Although the Mediation itself need not be binding, the settlement agreement once signed is a binding document. 
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Obstacles to Mediation

Obstacles to mediation

Parties often want their day in court, and see litigation as a sword with which to slay an opponent.To that end, some are reluctant to mediate because they do not want to be seen as ‘weak’. In contrast, negotiating with a set objective, choosing to meet your opponent and putting forward y
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What if my case is unsuccessful in Mediation?

What happens if my case is unsuccessful

The courts are very keen for parties to resolve their disputes without the time and expense of court proceedings and the courts will look more favourably on parties who have attempted this process. If the process were unsuccessful you would not be prevented from continuing wi
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Is my dispute suitable for Mediation?

Is my dispute suitable for mediation?

Mediation has been used successfully to assist in all types of disputes and can be used at any point during the life of a dispute even up to the door of a court or tribunal. Whether money is in issue or not Mediation is a very effective way to work through the issues pertinent
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Will what I say in Mediation be used in Court?

Will what I say be used in court?

No. The process of Mediation is entirely without prejudice to your case. Anything you say to the Mediator is entirely in confidence and can only be carried across to the other side with your agreement.

What are the cost implications?

What are the cost implications?

In litigation, costs can spiral but the cost of mediation is agreed before the start and is divided between both parties. There are no nasty surprises. Please note in workplace mediating, the employer pays all costs.The actual cost depends on the length of mediation and where the mediation is held.

Can I have a retainer contract?

Can I have a retainer contract?

Mediating Works have a number of contracts with companies where the mediation process is an integral part of company policy and procedure.

Must I have a lawyer at the Mediation?

Must I have a lawyer at the mediation?

Not necessarily. Legal representation is entirely up to you. You may feel you want a solicitor present to assist you with understanding any legal arguments. Alternatively you may prefer not to.  Any legal representative you do have however is bound by their professional c
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How is a Mediator chosen?

How is a mediator chosen?

Mediating Works has a panel of accredited Mediators plus a vigorously recruited National Network.  Once both parties have agreed to Mediation simply contact us either by telephoning or email and we can assist you further.

Does Mediating Works have a Code of Conduct?

Does MW have a code of conduct?

All Mediators working through Mediating Works follow the legal, procedural and ethical guidelines as suggested by the Cross-Border Mediation (EU Directive) Regulations 2011, Civil Procedure Rules and the Civil Mediation Council. For employment related disputes Mediating Works will
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Where will the physical Mediation be held?

Where will the mediation be held?

The meeting can be held wherever is most convenient for both parties. Sometimes parties like to meet somewhere neutral to both and that can be arranged.  Alternatively you may consider our on-line mediation solution to be a more flexible and time and cost-efficient option.

How soon can we access Mediation?

How soon can we access mediation?

Mediation can be arranged very quickly once we have the consent of both parties. Normally parties like to meet on a weekday and occasionally Mediation may take longer than a day. If Mediating on a weekend is better for you so as not to lose time from work then we can arrange that
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Arbitration

What is Arbitration?

What is arbitration?

The International Business Community has driven recent changes in commercial dispute resolution procedures. The evidence points to Arbitration being the first choice for the binding resolution of commercial disputes in the widest range of contractual relationships and across many jurisdiction
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How does it work?

How does arbitration work?

MW offers a simple and relatively inexpensive method of settling disputes by the appointment from our panel of appropriately chosen Independent Arbitrators to examine the facts and give a ruling from the documents you provide without the necessity of a personal appearance, quickly, with
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How is an Arbitrator chosen?

How is an arbitrator chosen?

Mediating Works has a panel of accredited Mediators plus a vigorously recruited National Network.  Once both parties have agreed to Mediation simply contact us either by telephoning or email and we can assist you further.

Does Mediating Works have a Code of Conduct?

Does MW have a code of conduct?

All dispute resolution professionals working through Mediating Works follow the legal, procedural and ethical guidelines as suggested by the Cross-Border Mediation (EU Directive) Regulations 2011, Civil Procedure Rules and the Civil Mediation Council. For employment related disputes
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How soon can we access Arbitration?

How soon can we access arbitration?

Arbitration can be arranged very quickly once we have the consent of both parties.  If the Arbitration is paper-based only it will begin once consent has been given by the parties to the process, evidence has been delivered to the arbitrator and payment of the arbitration fe
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Contact Us to discuss your specific requirements
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Mediating Works Ltd.
A Company registered in England and Wales, Company Number: 05269434
Registered Address: Chambers of Miss C Buchan, 9 Savill Road, Lindfield, Haywards Heath, West Sussex, RH16 2NY UK. Telephone +44 (0)1444 482222.