REFERRAL OF A DISPUTE TO MEDIATION

Initial Steps

Firstly, email or telephone David Cornes to check availability and conflict of interest. (Contact details >>)

Secondly, agree the appointment and fees/expenses of David Cornes.

Thirdly, agree whether this is a one or two 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 mechanics (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 use this link >>

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.

Iif a date is firmly fixed for the Mediation and is subsequently cancelled by the Parties at a time between 14 days and less than 2 days before the first fixed date, then a fee is payable amounting to 50% of the fee for the first mediation day and 50% of 7 hours at an agreed hourly rate for any further days so fixed (unless another mediation takes up the whole of the time so fixed), the full cost of the time, if any, spent in reading Case Summaries and Documents and the cost of any expenses incurred that cannot be reclaimed. If the Parties cancel within two working days before the said fixed date, then the fee payable is on the same basis as above but at 100% rather than 50%. There is also a charge if the firmly fixed date is not used and re-fixed for a later date.

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 >>

Setting Up the Mediation

David Cornes will ask the parties for the information needed to complete a draft of the Mediation Agreement. He will then circulate the draft by Email for approval. Once the draft is approved, David Cornes will prepare the engrossment of the Mediation Agreement for signing by the parties. 

After he has seen the submissions and documents, David Cornes will telephone each party  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.

Case Summaries 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 a time before the mediation that has been agreed: 

• 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 for 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.