H & H
Training and Consulting
 
Mediation Services
 
 
 
Mediation Services- To access the H & H Mediation web site please click - Mediation Services H & H Consulting and Training Services are able to offer an Alternative Dispute Resolution- ADR- program. Nigel Hamilton QDR is a qualified Commercial Mediation Practitioner, trained and accredited by one of the main providers of ADR in the UK - the Academy of Experts. Mediation is a quick, low cost and effective form of ADR, suitable for many types of commercial disputes between individuals and companies. Types of dispute: Nigel Hamilton QDR is available as a mediator for any type of dispute. He has particular relevant experience in the following areas, • Marine, • Marine tourism, • Catering and Hospitality, • Building and Property. There are various schemes for mediation which depending on the dispute Nigel Hamilton QDR, is able to act as the mediator for: • The National Mediation Helpline • Court based mediation programmes • The Academy of Experts • British Marine Federation Mediation I reproduce below information on the BMF scheme that explains what mediation is and how their scheme works. “BMF Dispute Resolution Scheme To download the application for mediation click here What is Mediation? Mediation is a process for resolving disputes. In mediation parties are helped by an independent third party, the mediator, to reach an agreement with which they are happy and resolve their dispute. How can it help me? A good mediator is a skilled, experienced and imaginative problem solver who will be very much involved in the process of reaching a solution. Mediation is a non-adversarial method of resolving disputes. It is appropriate in almost all commercial and boating matters which are capable of settlement out of court. Even if on first analysis it seems impossible that the parties could ever agree on a solution to their problem, remember that most mediations conducted by a skilled mediator do result in a successful outcome. Important information relating to Mediation The majority of mediations do conclude with a successful outcome. During mediation the parties retain control of the process, and they agree the final outcome. In litigation they cannot! Mediation provides the parties with an opportunity to reach a quick solution. Mediation can usually be arranged and concluded within 3-4 weeks ó litigation normally takes many months or even years! Mediation enables the parties to reach a 'creative settlement' which will not be available from the courts. Parties to mediation are not required to reach any agreement if they choose not to. However, once the mediation has been concluded and an agreement reached, the agreement becomes binding on the parties and is enforceable in law. The costs associated with mediation are normally shared equally between the parties and are generally small in comparison to those of taking a dispute to court. Recovery of the costs of litigation is rarely straight forward and can present a problem. Courts are taking a tougher stance where cost awards are concerned and it is rare for the successful party to recover all of his costs. Partial or deferred payment orders mean that it can be a considerable time before the successful party receives payment for their damages or cost award. A concluded case can become the subject of an appeal that will increase the costs and prolong the anguish and uncertainty that accompanies litigation. A mediation agreement offers a full and final settlement which is acceptable to the parties. Mediation is strictly confidential. Anything that the parties say to the mediator during mediation will remain strictly confidential unless they expressly wish something to be disclosed to the other party. Anything that is discussed during mediation cannot be used in any future court proceedings that may occur. Mediation is a non adversarial method of resolving disputes which is appropriate in almost all civil and commercial matters that are capable of settlement out of court. Where the legal arguments applicable to the dispute are unclear, mediation will normally be more appropriate than a legalistic judgement. A small number of mediations do not settle at the time. However, the issues will normally have been narrowed during the process creating a pathway for a negotiated settlement over the following days. Courts may impose cost penalties if the parties cannot demonstrate that they have seriously considered mediation. If yours is one of the few mediations that do not resolve the dispute the mediation will not have effected any of your legal rights. The BMF Scheme The BMF have set up a mediation scheme to enable easy resolution of disputes within the marine industry. How long does it take? The complete process should take less than a month. The scheme allows a generous three and a half hours for a 'standard' mediation which should be more than adequate. There is the opportunity to extend the time if it should be required. How much does it cost? To help you know your expenditure in advance there is a flat charge for the 'standard' mediation. This includes VAT and in most cases it includes the cost of accommodation. The fee is £375inc vat per party irrespective of the amount involved or the complexity of the dispute. The ADR Centre The ADR Centre which is based in London, works closely with The Academy of Experts and provides services and facilities necessary for the resolution of disputes. The ADR Centre has access to many different dispute resolvers in many regions. The Academy of Experts The Academy of Experts is a professional body which promotes cost efficient dispute resolution. It trains and accredits mediators and others in dispute resolution. Mediators come from many different fields of expertise. Based in London The Academy has members throughout the UK and the world.”  Mediation Links: For a full explanation of what is Commercial Mediation please follow this link http://www.academy-experts.org/members/docs/Resolving.pdf which opens a pdf document “ Resolving Your Dispute By Mediation” National Mediation Helpline- https://www.nationalmediationhelpline.com/what-is-mediation.php Academy of Experts: http://www.academy-experts.org/mediat.htm#Mediator British Marine Federation, mediation scheme: For further information on Mediation Services from H & H please email http://www.britishmarine.co.uk/docimages/1768.dochttp://www.academy-experts.org/members/docs/Resolving.pdfhttps://www.nationalmediationhelpline.com/what-is-mediation.phphttp://www.academy-experts.org/mediat.htm#Mediatormailto:info@hindandhart.co.uk?subject=email%20subjectshapeimage_2_link_0shapeimage_2_link_1shapeimage_2_link_2shapeimage_2_link_3shapeimage_2_link_4