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Mediation

The method of resolving disputes through a process broadly known as ‘mediation' is increasingly being used as a way of avoid traditional court or tribunal-based litigation, with all of the cost and delay that such a process entails. FTB supports the development of this trend and is able to offer a number of trained mediators, who are also experienced and highly regarded practitioners in their own right.

Mediation itself should be distinguished from arbitration or other forms of adjudication. It is essentially a long-established and proven method of negotiating where two (or more) parties, who have ceased to be able to resolve their own differences, are assisted in so doing by a mediator who has received training in the various techniques and practices required to achieve a consensus.

Fundamental elements of a modern mediation will include:

  • Voluntary course of action – invariably sought by the parties themselves
  • Costs of the mediation established from the outset
  • Facilitation of negotiations by a qualified neutral mediator(s)
  • Series of informal discussions both in open forum & in private with mediator(s)
  • All discussions confidential within the mediation, unless/until agreed otherwise
  • Complete flexibility as to process and the contents of any settlement
  • No binding settlement unless /until explicitly agreed & executed by the parties
  • Settlement agreement sets out all terms upon which conclusion reached

FTB has a Mediation Group and dedicated mediation facilities on site. FTB mediators cover a wide range of work, including:

  • Planning
  • Environmental
  • Compulsory Purchase & Compensation
  • Licensing
  • Gambling Disputes
  • Administrative Law
  • Contract Law
  • Landlord & Tenant
  • Disciplinary
  • Employment
  • Litigation
  • Local Government
  • Education
No

FTB members that practise in Mediation

Juniors

Kate Olley
Year of call:
1999