FAQs

  • What is mediation and what is a mediator?

    Mediation is a service which facilitates parties working together in order to settle their dispute on terms that are mutually acceptable and beneficial.

    A mediator is an impartial person who acts as liaison between two parties and assists them in reaching an agreement to settle their dispute. They are will not provide legal advice but will help parties gain perspective on the dispute and establish their objectives for settlement so that the mediation can progress constructively. For information on our mediators, please click here.

  • What are the benefits of mediation?

    Our mediators believe that the mediation a service for the parties because each party has volunteered to take part in the process. If you instruct LPC Law, you will receive confirmation welcoming you to your mediation and it is upon this common ground that the foundations of an agreement can be built upon. Whilst your mediator may ask you to consider the strengths and weaknesses of your case, it is ultimately up to each party to volunteer information and proposals. Agreements are not bound by the strict confines of the law so you can really think about your objectives and be creative in your proposals. Could your dispute be resolved by an exchange of service such as repair work? Could you offer other contracts/products as compensation? Mediation allows you to explore these options and decide which are the most suitable. In litigation, the Judge makes the decision, which will not be to the satisfaction of both parties.

    Mediation takes place within a non-confrontational forum. A party may be very nervous about going to Court or is concerned by a perceived imbalance of power from the opposite party, for example if they are represented by solicitors. Mediation offers a way to avoid the stress of litigation and enables parties to gain perspective on their real objectives for resolution rather than focus on the principles that may be hindering resolution from being achieved. It is a voluntary process so nobody can be forced into an agreement to which they do not agree.

    Litigation has unfortunately become a very costly and sometimes lengthy process. The guideline fees for even junior solicitors can vary between £111.00 to £138.00 plus VAT per hour[1]. A claim for up to £10,000.00 can cost up to £455.00 and a claim for possession can cost up to £355.00[2] and there will then be possible further fees to pay for Court and representation. LPC Law Limited only offer fixed fees which mean that you know exactly what costs you will be facing and will be able to see what costs you can save if litigation is avoided.



    [1] Guide to Summary Assessment of Costs 2010 Guideline Rates

    [2] Form EX50 HMCTS Civil and Family Court Fees 25 July 2016

  • How should I prepare for my mediation?

    If you instruct LPC Law to attend a mediation appointment as your representative, you should send them details of the mediation appointment and venue, your position statement and any documents which you think will help them prepare as thoroughly as possible for the mediation. The claim form, particulars of claim, defence and the contract which is the subject of the dispute are examples of documents which should be included. Your advocate will then contact you in advance of the mediation to discuss your position, your objectives for mediation and the limits of their authority to act on your behalf.

    If you instruct LPC Law to act as a Mediator, then both parties will be contacted and sent a letter of appointment which sets out our standard terms of conditions and detailed information on what each party should do before the mediation. This will include, but is not limited to, preparing a position statement, relevant documents and returning a letter of authority that confirms that each party is authorised to reach an agreement.

  • How can the mediation be conducted?

    LPC Law are able to provide mediation services at our Office in Canary Wharf and in a hired venue (subject to an increased fee) if the mediation is to take place outside of London. 

    LPC Law’s principle of innovation means that our mediation service can be conducted by telephone or video conferencing as well. We will work with both parties to ensure that their mediation is conducted through an appropriate platform for their dispute.

  • What will happen at the mediation?

    The Mediator will consider the documents produced by the parties and the nature of the dispute before deciding on the appropriate process to follow to best assist the parties prior to the mediation.

    Each party will receive a telephone call from the Mediator prior to the mediation to enable them to introduce themselves, answer any questions and to finalise any queries that they may have before the appointment.

    The mediation will usually start with an opening joint session with both parties in attendance where the Mediator will then set out their role and how the mediation will proceed before the parties have an opportunity to briefly set out their position before, if being conducted face-to-face, each party is shown to a separate room which will be theirs for the rest of the day. The Mediator will then speak with each party in turn privately facilitate proposals. This process will repeat until an agreement or the mediation is otherwise concluded. If the mediation takes place via telephone or video conference, the process will be adjusted accordingly.

  • My claim has been referred to the Small Claims Mediation Service (SCMS), can I instruct LPC Law to represent me?

    LPC Law attends mediations conducted by the SCMS on a daily basis. We are very familiar with the approach taken by the SCMS mediators and, even though such mediations are only listed for an hour, we are more successful than not in securing a settlement for our clients, demonstrating our ability to narrow the issues and focus upon our client’s objections. You will need to send SCMS confirmation of our authority to act on your behalf for the mediation and then send us the documents as noted in “How should I prepare for my mediation?” above.

  • Do I need to be represented at the mediation?

    This is ultimately a decision for each party. Representatives will obviously be able to offer legal assistance and guidance with respect to proposals made. They can also assist in presenting your position, the proposals that you would like to make and draft a mediation agreement. The Mediator can assist in explaining legal terms and breaking down proposals made but they will not be able to provide you with legal advice. However, only the party will be able to determine what is best for them emotionally and/or commercially in terms of maintaining future relations.

  • Is mediation suitable for my claim?

    LPC Law advocates and mediators are fully conversant with disputes arising from possession matters (mortgage and landlord and tenant), debt recovery (including consumer credit), civil litigation, insolvency, personal injury (not clinical negligence) and property. At the present time, we do not offer mediation services in respect of criminal, employment or family law.

  • Is a mediation agreement legally binding?

    The process and contents of the mediation are entirely confidential and cannot be used in any ongoing or prospective litigation. However, if the parties are able to reach terms of agreement and set them down in writing, the agreement becomes legally binding once both parties have signed the agreement. Therefore, if the terms of the agreement are breached, a party can take steps to enforce the same. All of our mediators and advocates are able to draft a mediation agreement on the parties’ behalf.

  • What are the likely costs of the mediation?

    LPC Law Limited offer competitive fixed fees for our mediations depending on the value of the claim and whether we are instructed to act as an advocate for a party or as a mediator between two parties. These include use of our facilities, refreshments and the benefit of experienced mediators. For more information on our fees, please click here.

  • How often does mediation work?

    The Centre for Effective Dispute Resolution published its Seventh Mediation Audit on 11 May 2016. Within the report, it was noted that mediation providers deal with up to 10,000 cases per year with “an aggregate settlement rate of around 86%”.  

    Furthermore, since 1990, it is estimated that “the total value of mediated cases is approaching £85 billion...and the [mediation] profession has contributed savings of £22.6 billion.”

    Giving the rising costs of litigation, more parties are seeking cheaper and more effective ways of resolving disputes, with mediation being a proven way of assisting.

     

  • What if the parties cannot reach a resolution?

    Whilst your advocate or mediator will do their best to facilitate an agreement, sometimes the parties will not be able to reach a suitable compromise and the Mediator will bring the mediation to a conclusion. The parties will then need to consider whether litigation, as a last resort, or other steps are needed to be taken in order to determine their dispute.