St Philips ADR Team

St Philips ADR Updates

adradmin — Fri, 01 Aug 2014 14:22:54 +0000

Watch this space for the latest St Philips updates..

Simon Clegg

adradmin — Tue, 19 Jul 2011 09:45:40 +0000

Simon has practised as a barrister since 1981 with an interlude of 3 years when he practised as a solicitor in Sydney at one of Australia’s largest commercial firms, Freehills. He has a wide experience of commercial and chancery litigation involving particularly contractual, banking, insolvency, company and property disputes. He continues to be listed in Chambers and Partners Guide to the Bar as a leading junior in commercial dispute resolution.

Year of Call:

1980

Telephone:

0121 246 2065

Contact Details:

Justin Luckman E: jluckman@st-philips.com T: 0121 246 7050

Profile Picture:

Mediation

adradmin — Tue, 21 Sep 2010 11:40:51 +0000

Mediation is a voluntary, non-binding, private dispute resolution process in which a neutral mediator helps the parties to reach a negotiated settlement.

In the traditional litigation process it is a common experience to find that many cases settle at the door or the court. Unfortunately, by then most of the costs will already have been incurred. The purpose of mediation is to facilitate a settlement at an earlier stage by bringing the parties together with a trained Mediator. Mediation is an ADR technique, which enables the parties to resume, or sometimes begin, negotiations. A good Mediator will change the dynamic of the dispute by bringing negotiating, problem solving and communication skills to the negotiating process. All of these skills are exercised by the Mediator from a position of independence and neutrality.

Mediations are not structured in a rigid way. However, most mediations tend to start with a plenary session in which both parties make presentations to each other in the presence of the Mediator. This is followed by private meetings between each party and the Mediator and, as appropriate, meetings between experts, or lawyers, or the clients themselves. The flexibility of the mediation process is the key to its success – there is a high (80%+) rate of settlement either at the mediation itself or shortly afterwards.

We believe that mediation is particularly suitable for cases where the parties are in a continuing relationship such as suppliers and their customers, franchisors and franchisees, landlords and tenants, employers and employees, members of the same family in dispute about a business or inheritance, or neighbours.

Mediation has been adopted as a policy by many organisations, which are regularly involved in litigation, such as insurance companies, who sometimes agree to pay all the costs of mediation to encourage the other party to take part. Normally the parties to the dispute agree to divide equally between themselves the fees of the Mediator and the costs of the accommodation. Legal Aid has been available for mediation since November 1998. Court proceedings are sometimes, but not always, ‘stayed’ during a mediation.

There are several organisations that train and accredit mediators and provide mediation services, the best-known ones being the ADR Group and CEDR. Others include the Chartered Institute of Arbitrators, and the Academy of Experts.

Court based mediation schemes are becoming more popular in the UK, but are available only in selected cases: examples are the Court of Appeal mediation scheme, the Lawworks Mediation Scheme and the small claims telephone mediation services at Birmingham County Court, and the Employment Tribunal judicial mediation scheme.

The main advantages of mediation are:

There is no compulsion to take part or to reach an agreement, so that parties feel comfortable with the process, and confident that a decision will not be imposed upon them. The settlement is the parties’ own.
There may be a substantial saving of legal costs if a settlement is achieved at an early stage.
The process is completely “without prejudice” and parties can reveal weaknesses and difficulties and examine them in confidence with the Mediator.
Flexible and lateral solutions can be achieved which could not be ordered by a court, such as a change in job description or the grant of a new supply contract.
The parties have substantial control over procedures and the mediation can be arranged at a time and place convenient for the parties.
At the conclusion of the mediation, if successful, the settlement reached is recorded in a document that becomes a legally enforceable agreement.

Disadvantages of mediation are:

The process may occasionally fail to achieve a settlement.
Mediation may not be appropriate if an urgent remedy such as an interim injunction is needed.
At St Philips ADR Ltd we can provide fully trained and accredited Mediators, and have a suite of purpose built rooms where mediations regularly take place. We are able to offer administrative support, including video-link and all the necessary refreshment facilities.
St Philips Chambers can additionally provide a large number of barristers who have undertaken specialist training with CEDR for representing clients in mediations, with specialist legal experience covering a wide field, including commercial and property disputes, employment and discrimination matters, professional negligence and personal injuries and clinical negligence claims.

Thanks for Getting in Touch

admin — Wed, 30 Jun 2010 07:45:13 +0000

Thank you for contacting the St Philips ADR Team.

We've received your message and one of the team will get back to you as soon as possible.

Why St Philips ADR?

admin — Tue, 29 Jun 2010 17:07:44 +0000

At St Philips ADR Ltd we can provide fully trained and accredited mediators, and have a suite of purpose built rooms where mediations regularly take place. We are able to offer administrative support, including video-link, and all refreshment facilities.
If an advocate is required by your client for the mediation, St Philips has a large number of barristers (in addition to those who are accredited mediators) who have undertaken specialist training with CEDR for representing clients in mediations. Their specialisms cover a wide field of work, including commercial and property disputes, employment and discrimination matters, professional negligence and personal injuries and clinical negligence claims.

Advantages & Disadvantages

admin — Tue, 29 Jun 2010 17:06:39 +0000

Court based mediation schemes are becoming more popular in the UK, but are available only in selected cases: examples are the Court of Appeal mediation scheme, the Lawworks Mediation Scheme and the small claims telephone mediation services at Birmingham County Court, and the Employment Tribunal judicial mediation scheme.

The main advantages of mediation are:

There is no compulsion to take part or to reach an agreement, so that parties feel comfortable with the process, and confident that a decision will not be imposed upon them. The settlement is the parties’ own.
There may be a substantial saving of legal costs if a settlement is achieved at an early stage.
The process is completely “without prejudice” and parties can reveal weaknesses and difficulties and examine them in confidence with the Mediator.
Flexible and lateral solutions can be achieved which could not be ordered by a court, such as a change in job description or the grant of a new supply contract.
The parties have substantial control over procedures and the mediation can be arranged at a time and place convenient for the parties.
At the conclusion of the mediation, if successful, the settlement reached is recorded in a document that becomes a legally enforceable agreement.

Disadvantages of mediation are:

The process may occasionally fail to achieve a settlement.
Mediation may not be appropriate if an urgent remedy such as an interim injunction is needed.

Fees, Terms & Room Hire

admin — Tue, 29 Jun 2010 16:08:02 +0000

St Philips ADR Ltd boasts 13 dedicated conference rooms able to cater for the largest of groups*

The latest technology/video conferencing for national or international disputes
Excellent catering (small charge per head)

For full details of costs of our Mediators or for the use of our first class facilities please contact one of our support staff

St Philips Mediation Agreement

St Philips Complaint Procedure

*subject to availability

Facilities

admin — Tue, 29 Jun 2010 09:34:53 +0000

Our dedicated conference suites are able to cater for the largest of disputes whilst affording each party the opportunity to break away from a main plenary room.

At St Philips ADR Ltd we provide administrative support, including video-link and all the necessary refreshment facilities* in order to make the dispute process as simple and efficient as possible.

St Philips is fully accessible for wheelchair users. Please could you contact Emily Smith on 0121 246 7043 or esmith@st-philips.com if there are any arrangements we can make which may make your visit to our premises more comfortable.

St Philips Chambers can additionally provide a large number of barristers who have undertaken the requisite training enabling them to represent clients in mediations, with specialist legal experience covering a wide field, including commercial and property disputes, employment and discrimination matters, professional negligence and personal injuries and clinical negligence claims.

*small charge may apply

Expert Determination

admin — Mon, 28 Jun 2010 16:49:28 +0000

Expert Determination is a process by which an independent third party who is an expert on the subject matter is appointed by the parties to decide the dispute.

The Expert’s decision is binding on the parties, and is not subject to appeal. Expert determination is commonly used in determining rent reviews.

Advantages of Expert Determination include:

Speed and certainty.
Avoiding the necessity to submit complicated expert evidence to a judge who is not an expert in the subject matter, and may find it difficult to understand.

Disadvantages of Expert Determination are:

Difficulty of choosing the Expert.
No right of appeal if dissatisfied.

At St Philips ADR Ltd we can advise on the selection of experts and we have some members of Chambers with expert specialist knowledge, including barristers with building, engineering and medical qualifications. The decision whether to appoint a person to act as an Expert or as an Arbitrator is one upon which advice is frequently required, and the retrospective interpretation of the terms of appointment is frequently an important matter upon which we advise. Also the presentation of the case to an Expert for determination involves careful drafting.

Early Neutral Evaluation (ENE)

admin — Mon, 28 Jun 2010 16:23:59 +0000

ENE is a process in which a neutral professional (the Evaluator), usually a lawyer, hears a summary of each party’s case and gives a non-binding assessment of its merits. This can then be used as a basis for settlement or for further negotiation. Thereafter, the Evaluator takes no part in the case.

For many years, where a question of law arises, the parties to a dispute have often agreed to send joint instructions to a barrister for advice on that question. ENE is an extension of that practice, where the Evaluator is asked to comment on the whole case. It can frequently encourage a settlement, but careful consideration is needed before submitting a case for ENE, and the Evaluator must be carefully selected.

Since 1996 it has been possible, in the Commercial Court, for the parties in a case to invite the Judge to act as the Evaluator. However, the reality is that this has only happened in a handful of cases. Since the CPR came into effect, in April 1999, it is probably possible for a Judge of any court to provide ENE in pursuance of their case management powers.

Advantages of ENE include:

An obstacle to settlement can be swiftly removed;
The evaluation is "without prejudice” and not binding;

Disadvantages of ENE are;

One party’s bargaining power may be reduced by an unfavourable evaluation.
If the case proceeds to trial, the court may take a different view from the Evaluator.

At St Philips ADR Ltd we can provide ENE on any legal subject. We can also advise on whether and when to use this ADR technique, and on the choice of Evaluator.