• We’ve been successfully solving civil
    disputes for over a decade

    Civil Mediation

    Mediation can work in virtually any civil case

    Firstly, the mediator will read each summary and other documents provided by the parties and advise on the procedure for mediation as well as mediate the case itself. If required, the mediator will assist in drawing up any written settlement agreement and offer legal information, not give legal advice. In doing so, the mediator will not instruct the parties what to do but facilitate discussion between them and explore mutual options impartially. Neither Laceys mediation or the mediator will act for either party individually in any capacity in connection with the dispute.

    General arrangements provided by Laceys mediation include liaising with all parties and arranging a suitable venue and dates for mediation as well as coordinating the exchange of summaries and other documents.

    • Prior to mediation, both parties will be expected to provide a concise summary of their positions in the dispute together with sufficient copies of all supporting documents including those referred to in the summary and any other relevant documents which each party may want to refer to during mediation
    • At the mediation meeting itself, both parties may bring legal advisors or a family member or friend, but notification of  numbers prior to the day will help with the allocation of rooms. The mediator will ask all parties to attend an initial meeting when the ground rules and timetable for the day will be explained. Then the parties split into separate rooms. They may have their legal advisors with them or they may attend alone
    • The mediator will then go between the rooms, finding out the priorities for each client, looking at the strengths and weaknesses of their cases and seeing if some compromise can be reached. Parties can tell the mediator things that they do not wish to be passed to the other side, but must be quite clear in these instructions. Otherwise the mediator will use his or her discretion and experience as to what will be said in each room
    • The mediator will try to help the clients to 'bridge the gap' and move towards settlement
    • At the end of the mediation, an agreement will be drafted by the legal advisors if they are in attendance or by the mediator. Any Settlement Agreement reached in mediation will not be legally binding until it has been produced in writing and signed by or on behalf of both parties
    • Any party may withdraw from mediation at any time. Mediation will terminate when:
    1. a party withdraws from mediation (unless there is more than one remaining party and they elect to continue with mediation in so far as the dispute affects them);
    2. a written settlement agreement is concluded; or
    3. the mediator decides that there is no reasonable prospect of a settlement being reached.

    Confidentiality

    Those involved will be expected to keep confidential the fact that mediation is taking place or has taken place other than to inform a court dealing with any litigation relating to the dispute. This includes all information provided, including the Settlement Agreement if any arising out of it (except to implement and enforce it or to comply with any court order) and all information produced for, during, or as a result of mediation will be without prejudice, privileged and not admissible as evidence. Furthermore, Laceys mediation cannot be asked to give evidence in any subsequent proceedings.

    Stay of proceedings

    Any litigation or arbitration in relation to the dispute which is currently pending will be stayed until the end of mediation unless the parties otherwise stipulate in the mediation agreement.