Mediation is an effective way of resolving many different types of dispute without any need to go to court.
It is a form of Alternative Dispute Resolution (ADR) therefore if a settlement is reached there will be no need for a Court resolution therefore saving you time and money. If the participants do not reach an agreement then court proceedings can still go ahead but details about what was discussed are not disclosed to any party outside of the mediation hearing.
A Mediator helps the participants come to an agreement. The participants choose and agree the Mediator before the mediation begins. The Mediator has undergone special training and conducts the process in an impartial and unbiased manner.
The Mediator sends an agreement to the participants prior to the mediation meeting. The participants send to the Mediator a note of their position together with a bundle of any relevant documents. The Mediator will read the papers carefully to understand the positions of the participants and the case before the mediation begins.
Legal representatives may attend with the participants. Participants will be asked to sign a Mediation Agreement before the mediation commences to ensure that they all participants understand the process and that they confirm that the mediation discussions are to remain confidential.
Participants are given their own rooms. The Mediator then shuttles between the parties during mediation, asking questions of each participant about the dispute and exploring whether an agreement can be achieved. It may be that the participants will wish to discuss their issues on a face to face basis but this is not undertaken without the consent of all participants concerned and in the presence of the Mediator at all times.
The costs of the mediation are usually shared.
There are a considerable number of advantages to mediation some of which are set out below.
When compared with litigation, mediation is usually:
Traditional court based resolutions are not precluded from being commenced or continued should mediation not be successful.
Lisa Pharaoh is a registered Mediator with the Civil Mediation Council.
As we are registered with the Civil Mediation Council we are obliged to set out the European Code of Conduct and our complaints policy online which can be found below.
Employee and employer disputes
Lisa Pharaoh BA (Hons), CMC Registered Mediator, Member of the Employment Lawyers Association (UK) is a qualified mediator
Lisa is a Solicitor and Civil Mediation Council Registered Mediator in Civil & Commercial and Workplace & Employment disputes. Lisa has practised as a solicitor for over 26 years. Her expertise is in dispute resolution and litigation, much of it gained within the public sector in local government. Lisa has advised companies, public authorities and individuals.
Lisa has a wealth of experience having conducted complex litigation within most courts and tribunals including within Employment Tribunals. This experience and expertise are invaluable as she is able to quickly understand the issues in dispute. Lisa is, however, a strong advocate of the mediation process as she fully appreciates that in this climate of financial constraints and economic cutbacks litigation costs can be extremely high.
Lisa is entirely independent and offers a facilitative approach to mediation. Her extensive knowledge and expertise put clients at ease. She is friendly, calm and respectful. She is able to explain complex legal issues to lay persons. She is a pragmatist but displays sound commercial sense. She regularly engages in robust "reality testing" of parties' positions which is advantageous to the process. She prepares and listens well. She is not opinionated. She assists the parties in their exploration of alternative perspectives.
Lisa thoroughly enjoys working with parties, building a rapport and empowering them so that they have the confidence to craft their very own personal resolution to their dispute in a safe and confidential problem-solving environment.
Lisa will be very happy to mediate, or co-mediate with like minded co-mediators, anywhere in England and Wales. Please contact her on 01305 819696, or the Mediation Team at Clerksroom on 01823 704 099 or email them at firstname.lastname@example.org for further information.
Please contact Lisa on 01305 819696 or the Mediation Team at Clerksroom on 01823 704 099 for further information or email the team at email@example.com
Fees are generally based upon the value of the dispute and the number of parties involved. In probate matters the value of the estate is also taken into consideration.
Lisa offers her services as a Mediator on Clerkroom's £500+VAT per party scheme
Please discuss your needs with my mediation clerks at Clerksroom. Tel : 01823 704081
EUROPEAN CODE OF CONDUCT FOR MEDIATORS
This code of conduct sets out a number of principles to which individual mediators can voluntarily decide to commit, under their own responsibility. It is intended to be applicable to all kinds of mediation in civil and commercial matters.
Organisations providing mediation services can also make such a commitment, by asking mediators acting under the auspices of their organisation to respect the code. Organisations have the opportunity to make available information on the measures they are taking to support the respect of the code by individual mediators through, for example, training, evaluation and monitoring.
For the purposes of the code mediation is defined as any process where two or more parties agree to the appointment of a third-party – hereinafter “the mediator” – to help the parties to solve a dispute by reaching an agreement without adjudication and regardless of how that process may be called or commonly referred to in each Member State.
Adherence to the code is without prejudice to national legislation or rules regulating individual professions.
Organisations providing mediation services may wish to develop more detailed codes adapted to their specific context or the types of mediation services they offer, as well as with regard to specific areas such as family mediation or consumer mediation.
1. COMPETENCE AND APPOINTMENT OF MEDIATORS
Mediators shall be competent and knowledgeable in the process of mediation. Relevant factors shall include proper training and continuous updating of their education and practice in mediation skills, having regard to any relevant standards or accreditation schemes.
The mediator will confer with the parties regarding suitable dates on which the mediation may take place. The mediator shall satisfy him/herself as to his/her background and competence to conduct the mediation before accepting the appointment and, upon request, disclose information concerning his/her background and experience to the parties.
1.3 Advertising/promotion of the mediator’s services
Mediators may promote their practice, in a professional, truthful and dignified way.
2. INDEPENDENCE AND IMPARTIALITY
2.1 Independence and neutrality
The mediator must not act, or, having started to do so, continue to act, before having disclosed any circumstances that may, or may be seen to, affect his or her independence or conflict of interests. The duty to disclose is a continuing obligation throughout the process.
Such circumstances shall include
- any personal or business relationship with one of the parties,
- any financial or other interest, direct or indirect, in the outcome of the
- the mediator, or a member of his or her firm, having acted in any capacity other than mediator for one of the parties.
In such cases the mediator may only accept or continue the mediation provided that he/she is certain of being able to carry out the mediation with full independence and neutrality in order to guarantee full impartiality and that the parties explicitly consent.
The mediator shall at all times act, and endeavour to be seen to act, with impartiality towards the parties and be committed to serve all parties equally with respect to the process of mediation.
3. THE MEDIATION AGREEMENT, PROCESS, SETTLEMENT AND FEES
The mediator shall satisfy himself/herself that the parties to the mediation understand the characteristics of the mediation process and the role of the mediator and the parties in it.
The mediator shall in particular ensure that prior to commencement of the mediation the parties have understood and expressly agreed the terms and conditions of the mediation agreement including in particular any applicable provisions relating to obligations of confidentiality on the mediator and on the parties.
The mediation agreement shall, upon request of the parties, be drawn up in writing.
The mediator shall conduct the proceedings in an appropriate manner, taking into account the circumstances of the case, including possible power imbalances and the rule of law, any wishes the parties may express and the need for a prompt settlement of the dispute. The parties shall be free to agree with the mediator, by reference to a set of rules or otherwise, on the manner in which the mediation is to be conducted.
The mediator, if he/she deems it useful, may hear the parties separately.
3.2 Fairness of the process
The mediator shall ensure that all parties have adequate opportunities to be involved in the process.
The mediator if appropriate shall inform the parties, and may terminate the mediation, if:
- a settlement is being reached that for the mediator appears unenforceable or illegal, having regard to the circumstances of the case and the competence of the mediator for making such an assessment, or
- the mediator considers that continuing the mediation is unlikely to result in a settlement.
3.3 The end of the process
The mediator shall take all appropriate measures to ensure that any understanding is reached by all parties through knowing and informed consent, and that all parties understand the terms of the agreement.
The parties may withdraw from the mediation at any time without giving any justification.
The mediator may, upon request of the parties and within the limits of his or her competence, inform the parties as to how they may formalise the agreement and as to the possibilities for making the agreement enforceable.
Where not already provided, the mediator must always supply the parties with complete information on the mode of remuneration which he intends to apply. He/she shall not accept a mediation before the principles of his/her remuneration have been accepted by all parties concerned.
The mediator shall keep confidential all information, arising out of or in connection with the mediation, including the fact that the mediation is to take place or has taken place, unless compelled by law or public policy grounds. Any information disclosed in confidence to mediators by one of the parties shall not be disclosed to the other parties without permission or unless compelled by law.
Our Complaints Handling Procedure
Our Complaints Handling Procedure tells you how we will deal with your complaint and how long it is likely to take. It also provides you with important information about what you can do if you are not happy with the way in which we are dealing with your complaint, or about our final decision.
Designated Complaints Handler
If you have any concerns about our service, our work, or our charges, you should discuss these first with the mediator who conducted your mediation. If this person cannot satisfactorily address your concerns and/or you wish to make a complaint, please contact our Designated Complaints Handler, Lisa Pharaoh.
Lisa is a Director, Mediator and Solicitor and you can write to her at Pharaoh Legal Limited, Somerleigh Gate, Somerleigh Road, Dorchester, Dorset, DT1 1TL or send an Email to firstname.lastname@example.org
Step One: Acknowledging your Complaint
Within two working days of receiving your complaint, it will be recorded in our Complaints Register and a separate file will be opened in which we will store any correspondence and other documents relating to your complaint. Within two working days we will also send you a letter acknowledging your complaint.
Step Two: Investigating your Complaint
Within five working days of receiving your complaint, we will review your file(s) and any other relevant documentation and send you a letter telling you how we propose to deal with your complaint. Examples of what we might say in this letter are as follows:
· If your complaint is straightforward we might make suggestions as to how we can put things right or we may offer you some form of redress;
· If your complaint is more complicated we might ask you to confirm, explain or clarify any issues;
· We may ask to meet with you to discuss things face-to-face and we would hope to be in a position to meet with you no longer than fourteen working days after first receiving your complaint. If you would
prefer not to meet, or if we cannot arrange this within an agreeable timescale, we will write to you fully setting out our views on the situation and making suggestions as to how we can put things right, or asking you to confirm, explain or clarify any issues. Within three working days of any meeting, we will write to you again to confirm what took place and to confirm any offer of redress that we have made.
· Whichever form our investigation takes, all complaints will be investigated and responded to within 21 working days of the date of receipt.
· There may some occasions where further time may be required in which case you will be notified of this in writing.
Step Three: Appealing against our Final Decision
If you are not satisfied with our final decision, please let us know and we will review our decision again. We will let you know the result of any review within five working days of receiving your appeal and will then confirm your options in writing. If you remain dissatisfied, you can then contact the Legal Ombudsman about your complaint. We will also advise you whether we are prepared to engage in alternative methods of mediation.
Step Four: The Legal Ombudsman
You may refer your complaint to the Legal Ombudsman provided you do so within six months of the end of this Complaints Handling Procedure.
In addition, there are also time limits that apply to the date you first became aware or should have become aware of the problem causing your complaint. The relevant time limits are set out in the version of the Legal Ombudsman’s Scheme Rules in force from time to time (which can be accessed at: http://www.legalombudsman.org.uk/downloads/documents/publications/Scheme-Rules.pdf) or by contacting the Legal Ombudsman using the contact details provided below) and may only be extended by the Legal Ombudsman in exceptional circumstances. Currently, the Scheme Rules state that you must refer the complaint to the Legal Ombudsman no later than:
- six years from the act/omission; or
- three years from when you should reasonably have known there was cause for complaint
Ordinarily, you cannot use the Legal Ombudsman unless you have first attempted to resolve your complaint using our Complaints Handling Procedure, but you will be able to contact the Legal Ombudsman if:
· The complaint has not been resolved to your satisfaction within eight weeks of first making the complaint to us; or
· The Legal Ombudsman decides that there are exceptional reasons why the Legal Ombudsman should consider your complaint sooner, or without you having to use our internal Complaints Handling Procedure first; or
· The Legal Ombudsman considers that your complaint cannot be resolved using our internal Complaints Handling Procedure because the relationship between you and us has broken down irretrievably.
If you wish to make a complaint to the Legal Ombudsman you must be one of the following:
· An individual;
· A micro-enterprise as defined in European Recommendation 2003/361/EC of 6 May 2003 (broadly, an enterprise with fewer than 10 staff and a turnover or balance sheet value not exceeding €2 million);
· A charity with an annual income less than £1 million;
· A club, association or society with an annual income less than £1 million;
· A trustee of a trust with a net asset value less than £1 million; or
· A personal representative or the residuary beneficiaries of an estate where a person with a complaint died before referring it to the Legal Ombudsman.
If you are not, you should be aware that you can only obtain redress by using our Complaints Handling Procedure or by mediation or arbitration, or by taking action through the Courts.
Legal Ombudsman Contact Details
Address: PO Box 6806, Wolverhampton WV1 9WJ Telephone: 0300 555 0333
The Civil Mediation Council
The CMC operates a final stage complaints procedure, whereby it can consider complaints from those people who have exhausted our own complaints procedure and if the response is not accepted.
The grounds on which CMC can consider complaints are:
· That a Registered Mediator or Registered Provider does not meet the requirements for Registration.
· That a Registered Mediator is not a fit and proper person to be Registered.
· That the service provided by a Registered Provider does not meet generally acceptable standards.
· That an Unregistered Individual or Organisation Member of the CMC has brought the CMC or the mediation profession or the mediation process into disrepute.
Complaints will be dealt with in accordance with the procedures adopted by the Complaints and Discipline Committee of the CMC from time to time. A copy of the Rules is available on request from the Registrar.
The Civil Mediation Council Complaints Resolution Service Contact Details
Address: Civil Mediation Council, The International Dispute Resolution Centre,
70 Fleet Street,
Telephone: 020 7636 4422 : 07841 017905
Pharaoh Law is the trading name of Pharaoh Legal Limited.
Pharaoh Legal Limited is a Limited Company Registered in England and Wales under Company No. 10728221
and is authorised and regulated by the Solicitors Regulation Authority,
SRA No. 639473
Registered office : Somerleigh Gate, Somerleigh Road, Dorchester, Dorset, DT1 1TL
Director and Solicitor : Lisa Pharaoh, BA (Hons) Law with Decision Making Processes
(c) 2019 Pharaoh Legal Ltd All Rights Reserved