Services for business

How do you approach opening joint sessions in highly emotive family/estate disputes?

I do not mandate joint sessions. In property disputes, they can sometimes inflame tensions and entrench positions. I assess the utility of a joint session during pre-mediation calls and in introductory sessions with the parties at the very start of the mediation day. If held, they are strictly controlled and often limited to legal representatives summarising their clients’ positions.

How do you manage power imbalances, particularly if one party is unrepresented (a Litigant in Person/LiP)?

When dealing with LiPs, I ensure the process is transparent and that they understand the mechanics of the negotiation, while maintaining strict neutrality and ensuring I do not cross the line into giving legal advice. Amongst other things, I may ‘reality test’ their position carefully to ensure any agreement reached is understood and durable.

Do you assist with drafting the settlement agreement or Tomlin order, or is that left entirely to counsel/solicitors?

Drafting is the responsibility of the legal representatives or the parties themselves where unrepresented. However, I do not disappear once a deal is struck in principle. I remain available to  mediate any friction points that arise during the drafting process to ensure the agreement is signed before the day concludes.

What is your approach if the mediation runs over the allotted time?

I am highly flexible and committed to helping the parties get the deal done. If momentum is strong, I will stay as late as necessary to secure signatures, subject to the agreement of all parties and my overtime terms.

What specific documents do you expect to see in the mediation bundle?

The bundle should be heavily curated. I most crucially need any relevant title documents and other related property deeds / documents, formal pleadings, any Orders in the litigation and any pivotal Without Prejudice correspondence.

Is there a strict page limit or format you prefer for the bundle?

I prefer a core bundle of no more than 350 pages. It must be provided as a single PDF, fully OCR-searchable, with a hyperlinked index and logical pagination.

If the bundle is very large and is likely to require more than 3 hours’ reading time this can be agreed but I will be likely to charge an additional fee for the extra preparation time.

When do you require the finalised bundle and the parties’ mediation statements?

Ideally the bundle no later than a week before the mediation and the statements 2 or 3 days before the mediation.

Do you routinely conduct pre-mediation calls with the legal representatives or the parties themselves?

Yes. I highly recommend a brief (15-30 minute) call with lead fee-earners or counsel a couple of days before the mediation. This helps me understand the group dynamics, any underlying non-legal barriers to settlement, and identify what additional information or logistics might be needed on the day.

What is your current availability, and how quickly can a mediation be convened? 

I generally require a few weeks’ notice but I typically have good availability and rarely book up a full week in case there are urgent disputes that need mediation. 

What is your fee structure, and how are costs typically apportioned between the parties? 

My fees are usually charged as a fixed daily rate which is £750 + VAT per party unless the mediation runs on into the evening when I charge an hourly rate per party of £150 + VAT. Initially, these costs, along with venue hire, are almost always split equally among the parties. However, how the final costs are ultimately paid can be part of the negotiation itself. 

What is your policy regarding cancellations or postponements? 

If the Mediation is cancelled at short notice, the following percentages of the Mediation Fee, plus all non-refundable expenses incurred in relation to the Mediation, shall nevertheless remain payable:

Where do you prefer to host in-person mediations, and do you require the parties to arrange the venue? 

I am happy to travel to the offices of the instructing solicitors if they have sufficient breakout rooms. Alternatively, the parties’ solicitors are expected to coordinate and share the cost of a neutral venue (e.g., suitable professional meeting room facilities). 

What platform do you use for remote/virtual mediations, and how do you handle separate breakout rooms? 

I utilise a Premium Zoom account. I act as the host and manage secure breakout rooms for each party, a joint room, and a private room for solicitor/barrister discussions without lay clients present if needed.