Why mediate?
Mediation is a speedy, cost-effective and private form of dispute resolution. It allows parties who are in litigation, or who are contemplating litigation, to put disputes behind them and avoid the personal and commercial effects of being engaged in costly and lengthy disputes. Parties also find mediation attractive because of its high success rate (typically over 80%) and because it allows parties to ‘think outside the box’: a settlement can be structured to include arrangements which could not be obtained from a Judge or Arbitrator.
Keating Chambers Mediators are at the forefront of this mediation revolution.
What the Courts say about mediation
Mediation is no longer simply an option. Increasingly, courts in the UK and in other jurisdictions around the world expect parties to take the opportunity to mediate or face the consequences - such as adverse costs rulings even for successful parties. This is particularly the case in the English courts where a number of cases have seen penalties imposed on parties who have unreasonably resisted mediation. More and more, parties are turning as a matter of course to mediation as the first resort, before litigation or arbitration. Even when disputes are close to trial, experience in the UK courts shows that Judges are increasingly willing to allow time for mediation when costs appear out of proportion, and to demand an explanation where the parties resist.
Mediators at Keating Chambers
Members of Keating Chambers of all levels of seniority are available for appointment as mediator in all types of domestic and international disputes.
Mediators at Keating Chambers practise in commercial law, construction law and engineering law, including professional negligence disputes. They have experience of standard form contracts, such as JCT, ICE, NEC, FIDIC and the CPA (Construction Plant Hire Association) Conditions, and of projects in the UK and abroad. Their experience includes working on disputes for insurers, commercial clients, homeowners, statutory undertakers and the National House Building Council (NHBC).
Together with commercial law and building law, mediators at Keating Chambers have experience of a wide range of practice areas, including claims involving points of insurance law, disputes about party walls, boundary and other neighbour disputes, Proceeds of Crime and anti-competitive (cartel) practice.
Mediators at Keating Chambers appear on a number of panels. They are also frequently named in contracts and appointed by nominating bodies, including the City Disputes Panel.
The specific experience of each of the mediators at Keating Chambers is set out on their individuals profiles and can also be obtained by contacting their Clerks on 0207 544 2600.
The following members of Keating Chambers are accredited Mediators.
Dr Christopher Thomas QC - CEDR accredited
John Marrin QC - CEDR and Tecbar accredited
Stephen Furst QC - Tecbar accredited
Timothy Elliott QC - CEDR and Tecbar accredited
Dr Robert Gaitskell QC - CEDR accredited
Finola O’Farrell QC - ADR accredited
David Thomas QC - CEDR accredited
Rosemary Jackson QC - CEDR and Tecbar accredited
Alexander Nissen QC - Tecbar accredited
Marc Rowlands QC - Tecbar accredited
Michael Stimpson - CIArb accredited
Robert Evans - CEDR and Tecbar accredited
Elizabeth Repper - LSM and Tecbar accredited
Calum Lamont - Tecbar accredited
Alice Sims - Tecbar accredited
All Keating Chambers Mediators are available for direct appointment through Chambers. As well as providing seamless administration, direct appointments allow us to offer mediation accommodation free of charge, subject to availability.
Fixed fee Mediation Packages in low value Mediations:
For relatively low value disputes (typically under £40,000), a Fixed Fee Mediation Package is available. We recognise that small, low value construction disputes can be difficult to litigate cost effectively and in some circumstances legal costs, can soon exceed the value of the original claim. Under a Fixed Fee Mediation Package a Mediator under 12 years call can offer the parties speedy and cost-effective assistance with resolving their dispute.
Half day Mediation (4 hrs): £275.00 + VAT per party (Includes rooms (subject to availability), Mediator and 2 hours’ preparation)
Full day Mediation (8hrs): £425.00 + VAT per party (Includes rooms (subject to availability), Mediator and 4 hours’ preparation)
Do you need a mediation advocate?
Advice relating to mediation is an integral part of the work of all barristers engaged in dispute resolution. Members of Keating Chambers frequently advise and assist parties prior to and during mediations. Experienced in taking a non-adversarial role, they are also highly skilled at developing the type of innovative solutions to disputes that mediations encourage.
For any enquiries related to mediation, please contact Chris Sunderland or Rob Cowup to discuss your requirements or telephone on +44 207 544 2600.