Law South Mediation Service
30 April 2008
Earlier this year, Brachers joined eight other firms of solicitors practising in London and throughout the South East in launching Law South Mediation, a new mediation service. Each firm has a strong and well regarded litigation practice and Law South Mediation is providing a mediation service as a means of settling disputes in a way which is more straightforward and cheaper than through the traditional channels.
Leaders spoke to Jill Thomas, the mediator from Brachers whose services are being offered through the scheme.
What is mediation?
Mediation is a confidential, non-binding process designed to help parties to resolve their differences. It relies on a flexible approach and no two mediations are the same. Over 90% of cases settle at mediation and the parties can then agree that that settlement will be binding on them.
Why Law South?
The member firms recognise the need for confidence in the expertise of any mediator they recommend. Because of its structure, Law South has direct knowledge and experience of the competence and effectiveness of the mediators within its ranks. This is because each member firm has a similar profile in terms of culture, training and professional approach to clients needs.
How long have you been a mediator?
16 years.
Have any of the cases that you have ever mediated successfully seemed incapable of resolution at the outset?
Frequently. For example, a local authority once came to a mediation having already made the maximum offer that their budget would allow. The dispute was resolved on the basis of staged payments which were spread over not only that financial year but also the next, which meant that the local authority could in fact increase its offer.
Have you ever mediated a dispute where the arrangement was something that a court could not order?
Yes – that is one of the beauties of mediation. A court might, for example, only be able to award a financial remedy, whereas a mediator can suggest options such as the transfer of shares from one party to another (as happened in a mediation that I conducted for Law South earlier this year) or one party might agree to grant another party a right of way.
What is the best moment in a mediation?
The moment when you realise that there is a common denominator between the parties and that the case will settle.
What is the worst moment in a mediation that you have had?
In a mediation that I was asked to do by the Court of Appeal, I realised that one of the parties was an armed robber and that the subject matter of the dispute included a boat that was used for running drugs. I am afraid I can not tell you how that one ended!
If you would like to discuss mediation further, please contact Jill on 01622 690691 or Law South Mediation on 01243 786033.
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