Mediation

“If there ever was any doubt that the consensual settlement of disputes… served the public interest, it has been laid to rest. Consensual settlement – whether facilitated through informal negotiation, structured mediation… or any other such means – is an essential aspect of any civil society.”

Lord Dyson MR

Mediation has been described by the courts as a form of neutrally assisted negotiation. The negotiation is usually held with the facilitation of a third party mediator, within a structured process, in a formal setting, during a defined period of time, all of which seeks to create an impetus for settlement. The third party mediator does not play the role of the judge, nor does he offer an opinion on the merits either party’s case.

At Phoenix, we believe that dispute resolution must be easily accessible, quickly achievable and minimal in the financial and emotional strain it places on both parties. Mediation is, therefore, an ideal form of Alternative Dispute Resolution. Phoenix’s mediation panel brings at your disposal the most experienced barristers, solicitors and professional who have trained as mediators and amassed a rich and diverse experience of successfully resolving complex disputes.

Our state of the art legal search engine and high quality behind the scenes administration ensures that a mediation is arranged immediately, allowing you the opportunity to resolve your dispute as soon as possible. Part of our mission to provide you with the highest possible level of service includes the management of document exchange between parties, selection and hiring of venues, providing fund-holding services and offering various other forms of admin support.

To find out more about our upcoming Mediation portal, click here.

Suggested Phoenix Mediation Clause

"In the event of a dispute arising out of or relating to this agreement, including any question regarding its existence, validity or termination, the parties shall seek settlement of that dispute by mediation in accordance with the Phoenix Mediation Rules, which Rules are deemed to be incorporated by reference into this clause."

Our Mediation Process

The Mediation Process

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To initiate mediation, one party will usually make contact with us. We will provide details about mediation and request a broad outline of the case to ensure it is mediatable. If the first party is still happy to proceed, the first party will be instructed to invite the second party to participate in a mediation using Phoenix's online platform, while simultaneously selecting a mediator from Phoenix's panel of mediators available online, to be agreed by the second party. As the process is voluntary, if the second party refuses to accept the invitation, mediation it will not be possible to go any further at that point. If both parties agree to continue, a date will be arranged when both are available and mediators will be identified.

Individual meetings

Before the mediation can begin, each party will meet with the mediators on an individual basis. This is often on the same day as the mediation but can be up to one week beforehand if necessary. These meetings allow each party to discuss their views with the mediators and to collect any further information they need about the process. Nothing discussed in the separate meetings will be disclosed to the other party by the mediators. The meetings usually last around an hour. Before arriving at the meetings, the parties will have been asked to sign an agreement which explains the process for the mediation and commits everybody to confidentiality. The mediators will collect these at this point and will answer any questions the parties have about the agreement.

The mediation

When the mediation begins, both parties will be invited to come together for a discussion facilitated by the mediators. The mediators will outline the structure of the meeting and will then proceed to invite each party to speak about their concerns for a specified amount of time, completely uninterrupted. After both parties have had an opportunity to speak, each will have a chance to respond to what they have heard, and with the mediators' assistance, they will agree on the issues that need to be covered. The issues will then be discussed in turn by the parties, with the mediators managing the conversation where need be. It may be that areas of common ground arise about which the parties are able to form an agreement. Any agreements that are made by the parties will be summarised by the mediators and the parties will be asked if they want these to be written down to take away with them. These agreements will remain confidential after the end of the mediation. All other notes taken during the mediation will be destroyed. These include the mediators' notes as well as any taken by the parties. The mediation usually lasts for around three to four hours, including a break.

Follow Up

After the mediation, the mediators will report back to Phoenix whether the process has formed any agreements (no information about what was discussed will be disclosed). Within one month of the mediation, Phoenix will contact the two parties to obtain feedback about the process, in order to track the effectiveness of mediation and to improve the service for future users.