When to use it: When Parties wish to adopt a structured negotiation in order to resolve a dispute that has arisen and which might otherwise proceed to adjudication, arbitration or litigation. Mediation is also used where the parties wish to ensure confidentiality and to preserve the business relationship. This Service Product relates to Mediation Advocacy, i.e., where one of our experts assists you in the preparation and presentation of your position and assists you in negotiating a settlement you can live with. If you are seeking one of our experts to act as the Mediator then please see our Commercial ADR services page. Please note that our charges include half a day for preparation and attendance at the Mediation Hearing for a maximum of 10 hours. Work undertaken outside of these limited will be chargeable at our standard rates for contentious work.
Scope of Services
Our mediation advocacy service includes:
- Providing preliminary advice on the mediation process and what to expect during the Hearing.
- Reviewing the Client's position based on documents provided.
- Recommending a negotiation strategy.
- Preparation of a position paper (max 20 A4 pages) for use in the mediation. (Note: Collation of project documents is to be undertaken by the Client).
- Attendance at the Mediation Hearing and advocacy (speaking for) the Client.
- Advising the Client on progress and proposals for settlement.
- Drafting the settlement agreement in conjunction with the other Party's legal representatives.
- Overseeing the signing of the settlement agreement and distribution of copies.
- Engagement with the other Party's legal representatives in the preparation of a Tomlin order, if required.