|
REFERRAL OF A DISPUTE TO
MEDIATION
Initial Steps
Firstly, email or telephone David Cornes to check availability and
conflict of interest. Click
here for contact
information.
Secondly, agree the appointment and fees/expenses of David Cornes.
Thirdly, agree whether this is a one, two or three day mediation and
whether or not a pre-mediation meeting is needed. Pre-mediation meetings
are not often needed, but may be if there are complicated procedural
points (such as a large number of parties).
Fourthly, agree a date or dates for the mediation with all the parties
to the mediation and David Cornes. For fast
access to David Cornes' availability for mediations, click
here.
Fees
and Expenses
The
fees and expenses, including the cost of the venue, are usually agreed
to be split between all the parties in equal shares.
If a date/dates is/are
firmly fixed for the Mediation and is/are subsequently cancelled by the
Parties at a time 14 days or less before that fixed date, then a fee is
payable amounting to 100% of the fee for the first mediation day and 7
hours @ an agreed rate per hour for any further days so fixed (unless
another mediation takes up the whole or part of the time so fixed)
together with the cost of the time, if any, spent in reading Case
Summaries/Documents. If the Parties cancel more than 14 days before but
less than 28 days before the said fixed date, then the fee payable is on
the same basis but at 50% rather than 100%.
Venue
The venue to be arranged by the parties must provide:
-
one room big enough for a meeting of
all those people attending the mediation
-
a separate room for each party
-
flip charts or white boards
-
refreshments throughout the day and
lunch
-
the rooms will need to be available
beyond normal working hours
Some venues for mediation in London can be found by
clicking
here or on the "Links" button on the
menu on the left
Setting
Up the Mediation
David Cornes will ask the parties for the information he needs to
complete a draft of the Mediation Agreement using his standard form.
Once he has that information, he will circulate the draft by Email for
approval. Once it is approved, David Cornes will prepare the
engrossments of the Mediation Agreement for signing by the parties.
David Cornes will telephone each party when he has seen the submissions
and documents to discuss the mediation, including the procedure to be
adopted on the day of the mediation, the position of each party as to
authority to settle the dispute and any other matters that need to be
resolved to make best use of the time set aside for the mediation.
Any
party can phone David Cornes at any time.
Submissions and Documents to David
Cornes
Unless otherwise agreed, the parties will exchange the following papers
with each other, and send to the David Cornes, at least seven days
before the mediation:
- a
case summary – aiming at no more than 10 pages is useful.
-
other documents that the parties think will be useful to the
mediator. If possible (and provided too much cost is not spent on
it), the parties can agree the bundle of other documents.
- any
party can, if it wishes, also give submissions and other documents
to David Cornes to be read on a strictly confidential basis by him
and not to be shown to the other party or parties. However, it is
vital to mark such submissions and documents with words such as
“Confidential; for the Mediator’s eyes only; not to be revealed to
the other party”.
The Mediation Day
The procedure for the start of the day will have been pre-agreed.
The remaining procedure on the day will be agreed between the parties
and David Cornes as the day progresses.
Once a settlement is agreed in principle, then the
parties will prepare and sign a settlement agreement and/or a draft
Court Order (such as a Tomlin Order) before everyone goes home.
Back to top |
