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Pre Mediation Assessment
Are you considering mediation, but aren't sure whether the cost, in both mediation fees and lawyers' fees, is a worthwhile investment? Are you worried that the parties are too far apart to make mediation worthwhile? Do you want to know that there's at least a reasonable chance of a settlement before committing to the expense of mediation?
If so, you may wish to consider our Pre Mediation Assessment service. Book a PMA and we'll send a questionnaire to all parties (or more accurately, to their lawyers). All sides will be asked to share with us, within fourteen days, in strictest confidence, and not for passing on to the other side, details about the dispute and the legal advice they are receiving. When all PMA questionnaires are returned, they will be considered by our senior mediator, Martin Plowman (unless you ask for a different mediator). In the light of all sides' confidential replies, and drawing on his experience of over one thousand mediations, Martin will then report with his views as to whether mediation stands reasonable prospects of success or whether the parties are just too far apart. If the parties are too far apart, Martin can often make suggestions as to what step or steps might bring the parties closer together. On occasion, Martin is able to suggest that a formal mediation may be an unnecessary cost, and is able to help the parties reach a settlement by informal mediation through a series of telephone or email exchanges.
Of course, nothing is ever 100% certain in litigation. If after considering the PMA questionnaires we indicate that a mediation has a reasonable chance of success we mean exactly that: it has a reasonable chance of success. Settlement still isn't guaranteed. But we seem to have a pretty good strike rate! And at least you'll know that you weren't spending money on a mediation that simply was never going to settle.
The fee for a Pre Mediation Assessment is £250 plus VAT per party. We often find that if a formal mediation is held after a PMA, it is shorter as a result of the information disclosed to us during the PMA process, with a consequent saving in legal fees on the day which more than outweighs the small additional cost of a PMA.
