Mediation

Costs Mediation Service

In almost any dispute which is otherwise bound for detailed assessment, the sensible first step is to consider whether the costs can be resolved by mediation rather than by going to court.

Mediation is a confidential and informal process at which parties engage the services of a mediator to assist them in settling their costs dispute by agreement on a full and final basis.

CADR's mediators are all specialist lawyers who have unrivalled knowledge and experience in costs law.

Their role at a costs mediation is to play devil's advocate, to challenge, to "reality-test", and to assist the parties in reaching a settlement by helping them to understand why they have been unable to bridge the gap through conventional discussion.

Thus mediation is not about winning or losing, but about finding a solution which all parties can live with. Mediation has numerous advantages over a fully contested detailed assessment. It is cost effective, confidential, can be arranged at short notice, and at all times, the parties are in control.

That is in stark contrast to the court where the judge, the venue, the date and the duration are all controlled by the court service.

CADR mediations have a high success rate and even where settlement is not achieved on the day, disputes are often resolved within a short time thereafter.

Frequently Asked Questions

How much does costs mediation cost?
Fees vary depending on case complexity and mediator selected. The Registrar can provide quotes and fix fee limits upfront, giving you certainty about maximum costs before committing.
How long does a costs mediation typically take?
Most costs mediations are completed within 4-6 hours in a single session. This is significantly faster than detailed assessment proceedings which can take months or even years.
What if mediation doesn't result in settlement?
You retain all rights to proceed to detailed assessment or other proceedings. The mediation attempt often still helps narrow issues and can reduce the scope of any subsequent dispute.
Is costs mediation confidential?
Yes, mediation is conducted on a without prejudice basis. Anything said during the mediation cannot be used in subsequent court proceedings, allowing parties to speak freely.
Can the other party refuse to mediate?
Yes, but unreasonable refusal can result in costs sanctions. Following Churchill v Merthyr Tydfil CBC [2023], courts can order parties to engage in ADR, and refusal may have adverse cost consequences.
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