I am a Society of Mediators trained and accredited mediator and a Member of the Society of Mediators.
Mediator Profile
During my legal career, I have been fortunate to be involved in numerous mediations. These were effective in helping to find amicable outcomes to difficult and complex disputes where the parties’ positions had seemingly become interminably entrenched.
The mediation process has a way of unlocking the door and finding a way around such impasses, even when that may not seem likely at the outset.
Mediation: A Practical Path to Resolution
Mediation is a voluntary, confidential process in which a neutral third party—the mediator—assists parties in resolving disputes collaboratively.
Rather than imposing a decision, the mediator facilitates constructive dialogue, helps clarify issues and supports the parties in reaching their own mutually acceptable outcome.
The Mediation Process
In mediation, the mediator works with all parties to understand their perspectives, interests and concerns. The process may include joint discussions, private meetings (caucuses), or a combination of both.
The mediator does not decide the outcome or provide legal advice. Instead, the mediator helps the parties:
- Identify the key issues in dispute.
- Improve communication and understanding between the participants.
- Recognise the strengths and weaknesses of their case and the consequences of proceeding to arbitration or trial.
- Explore options for resolution.
- Discuss practical and creative settlement solutions.
Any agreement reached in mediation is determined entirely by the parties. Mediations can take place in person at a mutually convenient location or, increasingly, remotely via Teams/Zoom.
Benefits of Mediation
Mediation offers several advantages over traditional litigation:
- Party Control: The parties retain full decision-making authority over the outcome.
- Confidentiality: Mediation discussions are private and not admissible in court or arbitration proceedings.
- Efficiency: Mediation can resolve disputes more quickly and at lower cost than litigation.
- Preserved Relationships: The collaborative nature of mediation can reduce conflict and support ongoing personal or business relationships.
- Flexible Solutions: Mediation allows for tailored outcomes that may not be available through court or arbitration rulings.
A Neutral, Guided Process
As a mediator, my role is to remain impartial while guiding the process toward productive discussion and informed decision-making. Mediation does not replace legal advice or the right to pursue litigation. Instead, it offers a constructive opportunity to resolve disputes efficiently and on your own terms.
Types of Mediation Services
Facilitative Mediation
This is the traditional and most common model of mediation in which participants and their representatives meet with a neutral mediator to constructively discuss the issues in dispute to find an amicable outcome. The mediator helps parties identify issues, explore interests and generate options for resolution, while the parties retain full control over the outcome.
Best suited for: Disputes where parties want collaborative problem-solving to reach commercial and costs effective outcomes which can preserve relationships.
Evaluative Mediation
In evaluative mediation, the mediator may offer feedback on the strengths and weaknesses of the parties’ positions, discuss legal or factual risks and help parties assess likely outcomes of proceeding with litigation including costs risks. The mediator’s input is non-binding and is typically offered to support informed settlement discussions.
Best suited for: Legal disputes where parties seek a reality check or guidance on risk and potential outcomes.
Early Intervention Mediation (EIM)
Early Intervention Mediation (EIM) is a proactive approach that brings parties together at the earliest practical stage of a conflict—often before positions harden, costs escalate or formal legal action begins.
However, EIM can be used to good effect at any stage of a dispute. I have experienced cases resolved by EIM at the Closing Submissions stage of arbitration—proving it is never too late to find an alternative resolution.
How EIM Works:
- Flexible & Remote: Unlike conventional mediation, parties do not need to meet at a certain date and location. The process allows the mediator and participants to discuss the matter remotely by email, phone and video calls over a period of days or weeks.
- Convenience: This process is particularly effective in multiparty disputes or where it is difficult to schedule a date for all participants, insurers and lawyers to be present.
- Cost-Effective: By addressing issues early, EIM prevents misunderstandings from developing into entrenched disputes and supports faster outcomes.
Next Steps
For more information on mediation / EIM and whether it may be of assistance in your dispute resolution process, please contact us.