The fact that you are reading this proves that, at the very least, the possibility of mediation has crossed your mind, but you still might not know very much about the process.

There are lots of reasons why using Roger Lewis as your mediator could be a good thing for all sides. Here are some of the obvious ones:-

No losers

You are not forced to accept any possible solution which emerges at the mediation. In fact, you should only do so if the solution is better for you than your best alternative course of action. If it is then you are already a winner just by avoiding that alternative. If it is not, then as a result of the mediation you will probably have a much clearer picture of the strengths (and weaknesses!) of your position.

Certainty of mediation

Your best alternative course of action may be to take the risk of going all the way to a court and letting a judge decide. But no-one can be absolutely sure what a judge will decide. However strong you think your case is, clearly the other side has some sort of case as well. And if you have been told that you have a 60-65% chance of success, then you may well find that the other party has been told exactly the same thing by their advisers. They cannot both be right! If Roger, as a neutral, thinks that there are problems with your case, he will discuss them with you (and your advisers) in a confidential private session.

A practical and workable solution

Judges don’t have much scope to be creative. They make rulings of fact, and of law. Often, they end up pleasing no-one, because they don’t have the tools to enable them to offer a practical solution which will actually work. They can’t usually suggest horse-trading; as a commercial mediator Roger can, and will, if it makes sense.

Speed of mediation

Mediation can take place quite early on in the litigation process, and if it is successful then both sides can save themselves many months of personal and business disruption. Roger can arrange a mediation very quickly (in a matter of days, if need be) and most mediations are concluded in one day.

Confidentiality of mediation

Everyone involved in the mediation process (including advisers) will sign a confidentiality agreement. No press or public are present. Court hearings, on the other hand, are normally open to all, and can be reported. If, for whatever reason, it is particularly important to you that certain things should not become widely known, then mediation with Roger Lewis may be the way forward.

Enforceability of mediation settlement

Neither you nor the other party(ies) will be forced to accept a solution proposed at a mediation with Roger Lewis, but once you do, you will set it out in writing in an agreement to be signed by all parties. Once signed, that agreement is a mediation settlement and becomes legally enforceable, and there is no going back. That is often an immense relief to all parties (and to their professional advisers!).

Cost of mediation

The mediation process itself is designed to be cheaper than going to a full trial in court, where it is not unknown for the combined amount of costs incurred by all parties to be as much as the amount in dispute. If you settle at a mediation with Roger Lewis then you will certainly save some of the costs involved in being legally represented at the full court hearing, and the earlier on in the process that a successful mediation takes place, the greater the potential saving. Even if you are not legally represented, remember that you could still end up paying some of the other side’s legal costs, depending on the outcome of the court case.

"Roger has an outstanding grasp of the law, of conflict and, most importantly, of people. I recommend him highly."

To contact Roger Lewis to discuss a potential mediation, click here.

"Roger was excellent. He was diligent, thorough and attentive. We would have no hesitation in using him in future cases."

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