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Commercial & Marine

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We have hand picked some of the best mediators in the UK to work with us and we guarantee that we can find the right mediator for your dispute. There are never two cases or clients that are the same and so we will ensure that each mediation is bespoke to the client’s needs, particularly as very often ‘other’ points can be discussed and taken into consideration. As such, we do not like to pigeon-hole disputes, but if helpful, see below a non-exhaustive list of the types of disputes that Latitude Mediation can support:

LITIGATION RISK

Litigation and other formal dispute channels have always carried risk and cost for the parties involved. Even seasoned lawyers will these days recognise that litigation is really to be the course of last resort, with mediation widely regarded as the leading alternative dispute resolution approach.

The implementation of the Civil Procedure Rules (CPR) in 1998 emphasised the need for cases to be actively managed, to ensure they were dealt with justly, equitably and fairly and that costs incurred were proportionate. The overriding objective of the CPR remains “to improve access to justice by making legal proceedings cheaper, quicker, and easier to understand for non-lawyers”. Commercial mediation was then firmly placed as a central feature of the ‘new’ civil litigation landscape (see for example Dunnett v Railtrack (2002)).  

Compulsory Mediation in the UK for Commercial Cases

In 2021 Lord Chief Sir Geoffrey Vos, head of the Justice System and Master of the Rolls, made a very clear direction to those active within the justice system to embrace ADR and mediation in particular. In an attempt to modernise processes and procedures and fully embrace dispute resolution, Sir Geoffrey has not only given the green light to compulsory mediation schemes throughout the UK, but called for the ‘Alternative’ in ADR/ Alternative Dispute Resolution to be removed completely, to ensure that ‘other’ less formal methods of resolving disputes are used by those involved in disputes. The move will see Mediation fully integrated into the legal system, which in turn will mean that it is more accessible to those who may not have known much about it!

This truly is a milestone in legal history and one that will ensure that future generations will come to understand that a less stressful, less expensive and less draconian option is available. These are the principles upon which Latitude Mediation was established. In our view, mediation can and should be used in most disputes and the recent move to ‘Compulsory Mediation’is the right one (this is particularly true in the current climate where COVID has caused significant delays in the justice system).

Did you know that 85-95% of cases settling during mediation or shortly thereafter!

What does Compulsory Mediation mean to you?

As a result of this new direction, it is very likely that parties progressing through formal legal proceedings will be directed to mediation at the initial stages. It is therefore very worthwhile attending mediation before initiating a claim, in order to save additional associated costs, and to ensure that formal proceedings are progressed swiftly, if necessary.

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Find out more

Mediation may not suit all disputes, all the time, it should always be lodged in the conscience of parties and their advisers alike, as a course worth trying” (Latitude).

COMMERCIAL MEDIATION

When you Can Mediate

Mediation is available at any stage either prior to the commencement of formal legal proceedings or indeed at any time up until the final hearing if formal proceedings have already been issued.

Who Can Attend the Mediation

Besides the participants themselves, mediations can also be attended by their representatives, such as lawyers, consultants, and experts (that is to say, if the participants have them, which will not always be the case). All persons attending the Mediation will sign a confidentiality agreement, and be bound by the Latitude Mediation Rules for the Mediation.

Prior to the Mediation

The participants’ agreed mediation format may involve themselves or their representatives preparing some documents in advance of the mediation, to assist the mediator’s understanding of the issues at large. Such documents might include evidence relied on, any pleadings already prepared during legal proceedings, or simply a short summary from the participants.

The Mediation

At the current time, we are finding that shorter mediations are being conducted online, but full day mediations are often in person. There is no ‘right’ or ‘wrong’ format though- each mediation must be appropriate for participants.

On mediation day there isn’t, nor is there really designed to be, a strict formula for how the mediation progresses; it is a deliberately dynamic process, for optimum effectiveness. The Mediator will of course provide direction and the participants are free to break as they wish.

Find out more about blended mediations

Duration of the Mediation

Much will depend on the complexity and value of dispute and number of attendees. The CMC fixed fee scheme (see below) has nicely compartmentalised types of mediations and we most often adhere to this ‘formula’. Online Dispute Resolution has proven very effective in providing parties with greater flexibility in the timings during the mediation. Nowadays, many matters benefit from a short preliminary (online) meeting with the mediator prior to the mediation.

Settlement

The participants control all elements of the eventual settlement agreement; a signed, binding document capturing how the matter(s) in dispute is to be resolved by reference to various assurances, promises, actions, undertakings, and so on. Upon reaching and signing a final agreement, formal proceedings will be discontinued and the parties are free to move forwards.

If a full settlement does not transpire from the participants’ efforts to mediate, the mediation should still be expected to help narrow, dilute or dispense with some aspects of the matter(s) in dispute. In this way mediation will mitigate/ reduce the ongoing cost of any formal proceedings, which will recommence in the event that settlement efforts are not successful.

Meet the Team

Fee – Civil & Commercial Mediations

Latitude Mediation understands how important it is for participants to stay in control of the financial aspects of the process. As such we operate on a fixed fee basis, with all reasonable preparatory and administrative work included. We are confident that we offer a competitive pricing policy and each quotation will be bespoke to your requirements. We are very happy to discuss a potential mediation with you and agree a bespoke pricing package and plan, and some pricing guidelines are set out below for ease.

Latitude Mediation continues to comply with the Civil Mediation Council small claims fixed fee scheme, ensuring that we provide exceptional support at a very reasonable price point. Accordingly, our fees for civil and commercial mediations, based on two participants:

Amount being claimedFees per partyLength of session
Less than £5000£75£1251-2 hours online
Book online
£5,000 to £14,999£320 Up to 3 hours
£15,000 to £49,999£445 Up to 4 hours
£50,000 -£250,000£750 – £2,500 Full day
£250,000 and abovePOAPlease email info@latitudemediation.co.uk


Each additional hour is charged at £100 per party

We do not charge for any preliminary communications or administrative work and where possible we will include travel fees in our fixed fee. Please email us directly if you would like further information.

Wherever you are located and whatever form of mediation you may need, get in touch to see how we can support you.

Professional Accreditation

All our associated mediators are very active mediators and fully accredited members of the Civil Mediation Council (CMC) or College of Mediators. The founder, Serena is also a Panel Mediator for the CMC, committee and Panel Mediator of the Association of South West Mediators (ASWM), and certified member of the Solicitors Regulatory Authority. Latitude Mediation and all our associated mediators are fully compliant with the European Code of Practice for Mediators.

What else you should know

Mediation is not suitable if the contact details of the other participant are unknown, if the other participant does not wish to mediate or if the other participant is unlikely to be able to pay under a settlement agreement, even if it is agreed that the monies are owed. It is always preferable for both participants to be engaged with the mediator from the outset and so a joint agreement to mediate at the earliest opportunity is strongly encouraged.

For further information please contact Latitude Mediation by email info@latitudemediation.co.uk or on 07561 637981. Alternatively, why not book a complimentary preliminary meeting directly online.