Mediation
Mediation can be a significantly cheaper and less time-consuming means of resolving disputes. It also reduces the inherent risk presented by Court litigation. By eliminating the ‘win all - lose all’ situation, mediation allows the opportunity for more creative and beneficial solutions to problems.
Courts now actively encourage its use and parties are asked at a very early stage whether their action is suitable for mediation. Those who unreasonably refuse risk serious cost penalties at trial.
Our mediators work across all of Mishcon de Reya’s groups - advising clients on whether mediation is a suitable alternative to litigation for their case and if so, providing expert guidance and advice throughout the process. In addition we can offer the services of trained and experienced mediators to non-clients via our wholly owned company, MdR Mediation Services Limited.
Our expertise covers disputes relating to:
For further information about our services or to discuss a particular matter or situation, please contact Rowena Herdman-Smith on +44 (0)20 7440 7022 or by email.
Work Highlights
Recently, our team has advised the following:
- Intercase UK v Time Computers: After success at the trial on liability, our client was awarded an enquiry into damages. Over 12 months into the enquiry, a hearing date was still 9 months away, and our client had not received any compensation. A mediation was arranged in front of Stephen Ruttle QC. Although the matter did not settle on the day of the mediation, the mediator continued to stay in contact with the parties for the following two days and the matter settled with our client receiving a substantial six figure sum.
- A defendant in a case with Gillette where our client was alleged to have imported into the UK and warehoused goods infringing certain of Gillette's trade marks. An evaluative mediation was arranged in front of Ian Starr of Ashurst; his views were respected by both parties and allowed a commercial settlement to be reached. This saved substantial legal fees and management time for both parties.
- Five defendants in dispute with a corporate financial adviser regarding entitlement to 'success fees' for the introduction of potential targets for acquisition. This issue was settled 3 weeks after mediation and 2 weeks before trial.
- The Arrow Group, a generics pharmaceutical company, which sought to recover £1.5m in lost profits from a supplier. After our client initiated various preliminary applications the parties agreed to mediate. The mediation was not conclusive, but the parties did settle the matter shortly thereafter for a significant sum.
- Various directors seeking to recover the full value of their loan notes following the sale of their shares in a publicly listed company. Following a successful preliminary hearing on the construction of the share sale agreement in favour of our claimants, the case settled on a mediation before Michel Kallipetis QC.
- Employment related mediations, of which there has been an increase in recent years. These disputes often involve more than just a financial settlement and our employment team endeavour to ensure that enough time is set aside for apologies, references and issues of confidentiality.
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