How we work
What you can expect from the process, cost and timescales of a mediation with us.
Before the mediation
The proposal to appoint Murray & Duncan as mediators to a dispute can be made by participants directly or as instructed by legal representatives.
We will make initial contact with the participants or legal counsel before the mediation to discuss procedural and logistical details. Once specifics are confirmed, we provide a mediation agreement to be signed by all participants.
The mediation agreement considers mutual principles relevant to the mediation procedure and clarifies issues of confidentiality, privilege, applicable law and termination. Court trial bundles and any other information that can assist the mediation are provided to us following completion of the mediation agreement.
The mediation itself
We normally meet with participants privately in individual rooms on the morning of the mediation, but there is no fixed procedure for the mediation itself. The process for each dispute is tailored to the circumstances and views of those involved. As each party presents their case, our role is to listen and understand their interests and objectives, then help them reach a common sense settlement.
If a settlement or agreement in principle is reached, it may be reduced to a written document in the form of a settlement agreement as drawn up by legal representatives present to conclude the mediation. In more complex instances, further drafting and precise work can be required in order to conclude a settlement agreement fully and effectively. Drafting and setting out may be assisted by legal representatives attending with pro forma settlement documentation, IT equipment can of course be made available.
After receiving an outline request to mediate, we aim to allocate a mediator to your case within 24 hours.
Once the mediation agreement has been signed and returned by all parties, it is normal to allow five working days for trial bundles or paperwork to be received. We typically require a minimum of 48 hours to complete preparation and venue arrangements.
Settlement is reached on the same day in the vast majority of cases mediated. As a guide, commercial mediation may take one to two days. Workplace and employment cases, which usually involve pre meetings with participants prior to the mediation date, can take several days or recur over a longer period if required.
If your dispute is extremely time sensitive, we may be able to turn a case around in five days from first contact to conclusion.
Fixed costs are agreed upon appointment, to include pre-mediation administration, case preparatory work, travel and all disbursements. Catering may also be arranged and are charged at cost. Both parties normally share costs, which will depend on the complexity and circusmtances of the case.
Costings below are approximate. A number of variables can affect the cost of a mediation. Please contact us for a more accurate, no-obligation consultation.
- For disputes ranging up to £500,000 requiring a full day of mediation, each party can expect a fee of between £750 - £1,250 plus VAT.
- For more complex multi-party disputes or values above £500,000, please contact us with details of your circumstances.