• WHY MEDIATION? To get a sensible, cost effective solution to a dispute that is otherwise heading for Trial

• WHAT KIND OF MEDIATOR? A Mediator who has a decade's experience in Mediating the broad range of civil disputes, be they land, wills, trusts, commercial, consumer, contact, inheritance, personal injury, employment, clinical negligence, boundary disputes.

• WHAT KIND OF COST? A Mediator who charges £70 per hour per party plus vat and that's that--no middle man organisation, no administration charge, just direct contact from the word go with the Mediator who will be Mediating your case.

• AN EFFECTIVE MEDIATOR? I currently am operating to approximately a 90% rate of cases settling on the day of Mediation. There should, however, be no such thing as an unsuccessful Mediation. Even if a matter doesn't settle, the parties have a better idea of where they are going and why, meaning that cases are often better presented and/or settle prior to Trial as a result of the Mediation.

• HOW DO I FIND OUT IF MY CASE IS SUITABLE FOR MEDIATION? You contact me, to discuss matters informally and to chat about how the Mediation can work and what needs to be done. That first, friendly discussion will be the template for your Mediation. Call me now on 01646 622626 or email me now on john@johnroche6.wanadoo.co.uk
   

WHAT IS MEDIATION?

Mediation is a process designed to enable parties in disputes to negotiate an end to that dispute which is acceptable to both parties without the need, hopefully, for ill will and litigation. The process involves a Mediator or Mediators who are part of the process with the parties working towards a sensible, reasonable discussion with a view to arriving at a position where arrangements are put in place that are workable and satisfactory to both sides without the expense of paying Lawyers to fight it out in Court.

A Mediator is not a marriage guidance Counsellor nor is a Mediator a counselling or conciliation service. The Mediator is, instead, part of the mediation process and is there to help the parties arrive at their own arrangements. A Mediator is not a Judge nor an Arbitrator. A Mediator gives no decisions nor does the Mediator advise one party against the other. The arrangement arrived at by the parties is generated by the parties themselves and, for that reason, is likely to be a more satisfactory conclusion to pressurise negotiation at the Court door or, ultimately, a decision by the Court which neither party may be happy with.

Mediation is task motivated. It recognises that problems have arisen and concentrates on how those problems are going to be dealt with in the future. Mediation is a positive process which does not dwell on past animosity. The purpose of mediation is to promote sensible and cost effective resolution with, hopefully, the minimum of upset and distress for all concerned. Mediation is available at any stage of a dispute but is primarily of benefit early on in a dispute before legal costs are incurred. Mediation is also available quickly without the need to await Court appointments.

Mediation is not a battle. There are no winners and no losers after a mediation. Any conclusion arrived at in a mediation is generated by the parties themselves. There is no imposition of a solution. Mediation recognises that, in the modern world, sensible adults are able to take control of their own lives without the need to involve Lawyers.

HOW DO I KNOW SO MUCH ABOUT LAWYERS?

I am, by training, a Solicitor, having worked in private practice for many years. During my career I have witnessed countless situations where a dispute cried out for an alternative to litigation which was not always readily available. I have also witnessed many apparently unsolvable disputes which have miraculously solved themselves at the Court door just before Trial. It has always struck me as being odd that parties can ultimately find a settlement just before Trial after, often, years of litigation and thousands and thousands of pounds of legal fees. Why could that settlement not have been arrived at the very start of the dispute without the need to pay Lawyers! Often, parties to Court proceedings will continue litigating because they are worried about the costs which have already been run up. Parties effectively are litigating over costs and not litigating over the dispute itself. That is a quite desperate state of affairs and, in a modern society, there must be a sensible alternative. That sensible alternative is mediation.

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