Where you have a dispute with another business we will appoint a mediator to work with you and the other party to find a solution. The mediator does not tell people what to do, or make any decisions, but works with the parties to find a solution to their dispute.
Mediation can be done online using telephone and video calling technology or it can be done in person, usually in a hotel, law office, hotel or other appropriate venue.
It is usually scheduled for half a day (3.5 hours) or a full day (7 hours) though there will always be the opportunity for pre mediation calls, consideration of documentation etc.
Mediation is a voluntary process. The law in the UK does not force parties to mediate. However, there are many instances where a party refusing to mediate has found that they have been hit with significant cost penalties in the court at a later date - even if they won the eventual court case. This needs to be considered carefully by both parties - the party offering mediation needs to make sure they are offering a process which is documented and has at the very least a named mediator or mediation provider and that fees are transparent. The other party needs to be very cautious if they are refusing an offer to mediate and may wish to take legal advice if they are thinking of refusing. It is a dangerous tactic with the courts routinely penalising those with no suitable reason for refusing to mediate.
Options for mediation
Hunt ADR Business Mediation has been designed specifically for business disputes and offers fixed cost options. We can appoint a mediator from our list of Hunt ADR Associate Mediators or the parties can ask us to appoint a named individual. Where a dispute is in a particular sector we will always try to appoint someone who has relevant experience, though the parties should be aware that as a mediator is not a decision maker he or she can more often than not be expected to mediate effectively even if they do not have first hand experience of the sector in which the dispute lies.
Please read the documents below before deciding whether to use Hunt ADR Business Mediation:
If you would like us to proceed to appoint a mediator then we will require completion of the Model Mediation Agreement and payment of the relevant fees from the parties. On that note, parties usually split the cost of the mediation 50/50 but there is no set rule - one party can agree to pay the whole fee in order to ensure that mediation goes ahead.
Civil Mediation if you are a consumer or an individual in dispute with another consumer or business then we operate services in line with the fixed cost scheme put in place by the Civil Mediation Council.
Additional costs may apply for room hire, refreshments, equipment etc. Travel costs will not be charged without prior agreement. If the mediation day exceeds 8 hours an extra hourly charge of £125 per hour plus VAT will apply. The mediator will only proceed once the parties have confirmed their acceptance of overtime. Contact us for more information.
Scheme Mediation we also provide mediation services for the following organisations:
ABTA, The Travel Association
The Business Banking Exchange (BBX)
On the Beach (inc. Sunshine Holidays)
*If you are enquiring about a dispute with a travel company please visit our travel ADR site for more information. Please contact us on the travel ADR site as we have a dedicated team dealing with members of ABTA, DialAFLight, On the Beach and Sunshine Holidays and for commercial disputes via TACS Mediation and Arbitration.