Me as a Mediator

Introduction

I am an experienced full time mediator, with a career of over 25 years behind me as a solicitor and then partner in private practice. Trained as a commercial and banking litigator, I focused on corporate and personal insolvency matters from 1996. Having acted for many clients in crisis on transactions, disputes and complex advisory work, I firmly believe that people can overcome problems, no matter how complex.

 

My approach

I am a calm, friendly, rational person who is naturally good with people. I like the structured process of mediation and believe it benefits clients but I also appreciate its flexibility. I have a strong reputation for professional preparation and for keeping confidences. I am a curious person who likes to ask ‘why’ and I am tenacious.

 

This is what mediation parties or their advisers have said about me as a mediator:

…. nicely measured and diplomatic and well able to deal with the challenges of client sentiments…

…. I was impressed with your patience throughout the process and your gentle (subtle) encouragement which I think was quite useful while maintaining impartiality…

…. I am grateful for the patience, diligence, consideration and tact which you displayed during the mediation, particularly towards [my client] in what have been very troubled waters…

…. a mediator with a calm head, who could cut a path through what had been (up to that point) a highly-charged dispute towards a sensible settlement…

…. highly professional but also practical and adaptable…

…. through sheer dogged determination and careful handling of the parties [you] managed to achieve a settlement in circumstances which at many points both prior to the mediation and at the mediation looked impossible…

 

What cases will I take?

I am ready to help you with any problem within the field of civil and commercial mediation. I am accredited to mediate online and experienced in doing so. My area of specialist expertise covers all aspects of insolvency and corporate rescue, so if you have a problem arising from financial difficulty, issues with a professional practice or partnership, company closure, or a dispute which concerns insolvency in any way, please do give me a call.

 

For a case involving family law proceedings (marital breakdown, child access and custody, financial provision), please contact the ADR Group (see below) who will put you in touch with an appropriate person.

 

Will I co-mediate?

Yes, I am very happy to take cases jointly and it may be that your problem would be best addressed by the appointment of co-mediators. Call me and we can talk it through.

 

Why do I mediate?

I genuinely believe in the process and the benefits it can bring.

 

My background

My father served in the military whilst I was growing up, which added to my life experience. I did my A levels at a 6th form college and took a degree in law from the University of Reading. I qualified as a solicitor with Jaques & Lewis in Gray’s Inn in London and joined their civil litigation team, working on cases large and small. I stayed with the team when the firm merged with Eversheds and after a period of transition, then worked exclusively on insolvency assignments. I joined Matthew Arnold & Baldwin as a junior partner and was subsequently promoted to head of team, full partner and London office managing partner. I was a senior member of the team when we decided we should transfer the practice in an orderly way, with members and staff joining one of 3 firms. I transferred to Dentons in London and was a partner there for about 18 months. I have been building my mediation practice since August 2017.

Outside of work, I am keen on many of the creative arts (including gardening!) and the great outdoors.

 

My experience

I have had a strong interest in mediation throughout my career. I was at Eversheds when its early case assessment model was developed and that encouraged a focus on ADR. My work in the insolvency field has been as much about commercial transactions as litigation and I have long experience of negotiations. Often those negotiations were unexpected, urgent and challenging. I bring management experience to mediation and also my experience of volunteering in the not for profit environment (companies, charities and working with children), together with a rounded life experience.

 

Memberships/recognition

I am a panel member of the ADR Group and a member of the CMC (Civil Mediation Council). I am a member of R3 (the insolvency trade association) and the Association of Partnership Practitioners. Although I am no longer practising as a solicitor or providing legal services, I remain a member of the Law Society. I was ranked as a Leading Mediator in the Legal 500 in 2022 and have been listed again as such since then.

How and Why does Mediation Work

How does it work? There are 7 key elements.

Agreement to mediate

Both parties need to agree (however reluctantly) that mediation is worth a try. Ideally, both are positively in favour and optimistic about reaching a solution.

Choosing the mediator

The parties also need to agree on a mediator. Or mediators, as co-mediation is increasingly popular amongst mediators and clients – and need not double the cost

Preparation

Once the mediator is engaged, the logistics of holding the mediation can be agreed. Specifically:

  • the date
  • the time to be allowed (half day or whole day, usually)
  • whether to mediate in person or online and if the former, then the appropriate venue (often somewhere neutral but cost of room hire can be a factor)
  • the terms on which the mediation will take place
  • who will attend
  • what papers will be required and who will organise these – ideally the mediator will see them well in advance.
  • whether time will permit the mediator to have preliminary discussions with each party and their advisers in advance, which I strongly recommend as an aid to making quicker and more effective progress on the day of the mediation.

Opening steps

On the day, the mediator will greet the parties separately and discuss the next steps. The parties may agree to join in an opening session which can be used to:

  • make introductions
  • hear the mediator describe in more detail how the process will work
  • allow parties to make statements about their opening positions
  • begin negotiations.

None of these steps are compulsory and the parties will agree which to adopt.

Negotiation

Negotiations will then get swiftly underway and the mediator will assist in those. It is likely that the parties will spend quite a bit of time (sometimes the whole mediation) apart in separate rooms. The mediator will take across any information or proposals as the parties wish. Everything else is confidential.

Recording the agreement

If the parties can agree how to resolve their issues, the terms will be written up. The mediator may help with this but it is usually a job for the parties’ legal representatives. It is best done as part of the mediation process on the day itself. No binding agreement is reached unless and until it has been signed off by each party.

Status of the discussions

The process is voluntary and not binding until a signed agreement is concluded. It is confidential and conducted on a “without prejudice” basis so that the parties can speak as freely as possible without undermining their legal positions and without fear of what they say being shared with any court or other tribunal.

Why does it work?

Commitment

The parties have committed their time and energy to the mediation. They are focussed on the idea of settling. That can help carry the day even though discussions may reach difficult points and even though they are free to leave at any time.

Structure

The structure of the process gives balance to the proceedings and reassurance to each party. The signing of the mediation agreement reinforces the concept of confidentiality in a way which other processes do not.

Sharing

The process of explaining the problem and possible outcomes to a neutral third party – one who will also be hearing the other side’s views – can help to alleviate stress, open minds and clarify thinking.

Being Heard

The positive benefits of sharing are enhanced when a party really feels properly heard. It is a mediator’s job to give parties very good quality attention.

Oversight

By hearing both parties and understanding the obstacles to settlement, the mediator may be able to steer the discussions along a helpful path and away from stalemate.

Progression

By coming to mediation the parties have taken a significant step towards resolution. They have already agreed all the logistics of the day. This begins a virtuous circle which can lead directly to settlement.

Mediation As A Process

Core philosophy

The classic definitions of mediation all refer to the fact that it is voluntary and non-binding to the point of agreement and that the parties choose to involve a third party who is neutral.

 

The parties should feel supported through the process. However, they should also feel that they have a real say in how the mediation is conducted. They should certainly feel that they have been helped to reach their own solution. They may feel they have compromised (that is, not entirely dictated the settlement terms) but they should still not feel as though a solution has been imposed upon them.

 

Different techniques.

The classic mediation model is facilitative. The mediator engages with the parties, their issues and the possible solutions but does not offer a view on a party’s prospects of success at court. Offers and information are passed from one party to another by the mediator with limited, if any, comment or recommendation.

 

An increasingly popular model is the evaluative model. The structure is the same as in a facilitative mediation but the parties can seek the mediator’s view of their case and ask for recommendations.

 

Other models include blends of mediation and arbitration. These have developed as parties have expressed a wish for greater certainty that the process will end their dispute. Importantly, however, these blended models still give parties an opportunity to reach their own settlement.

Costs

What it will cost

The easy answer is – a lot less than a full court hearing or trial!

The more detailed answer is – each case is unique, so I will provide you with a bespoke quote for my time. It will not be less than £750 per party and it is unlikely to be more than £5,000 per party. Figures exclude VAT.

Factors which affect the cost include the complexity of the dispute and the amount at stake, the number of parties, the time to be allowed for the mediation, the amount of paperwork, the distance to travel (where relevant) and the urgency.

Just ask me – the phone and email contacts are below.

Booking

Booking

Phone: 07950 258025

Email address: cjones@cjmediation.co.uk

Or contact the ADR Group (see website link below)

Terms and conditions – generally I will use the ADR Group standard form mediation agreement, together with their terms and conditions (including their complaints policy). Further details about the Group and contact details are on their website.

Getting papers to me – You can send me the papers either electronically or in a paper file once we have agreed that I am going to take the case and I am always happy to discuss other logistical options.

Setting up a venue – I can help with this at no cost for my time, feel free to ask me.