Leeds DR centre opens. More...
The report of Lord Justice Jackson on litigation costs was published in January. He says that mediation has a vital role to play in reducing the costs of disputes by encouraging the early settlement of cases. It is a culture change not a rule change that is needed (36.3.5). More...
New sections
Tthe website has been updated now to include mediations of 2009 and appointment, terms and conditions and other forms are now downloadable in all of the sections for mediation, arbitration, adjudication, and a new insert for conciliation. See links above...
An independent mediator and dispute resolution adviser with over fifteen years of mediation experience on a broad range of commercial cases involving two or multi party disputes, and numerous nationalities and backgrounds.
An adjudicator since 1999 dealing with a wide range of building and engineering disputes; also appointed as conciliator by insurers and trade associations.
An arbitrator directly appointed by legal representatives in sensitive partnership and inter personal disputes.
A dispute resolution adviser and facilitator or collaborative negotiator employed by business and private users either to advise on the most appropriate way to resolve disputes or in assisting parties negotiate their own settlement as negotiator rather than as mediator.
"After 25 years of practicing as a private solicitor in London and Leeds I have had a fair measure of successes and failures ranging from the Court of Appeal and international arbitrations in Europe and the USA to small claims in county courts. Commercial folk and any of us involved in a dispute with a customer, partner or profesional would not have designed dispute resolution methods that rely so much on the exactitudes of a long winded evaluative process. We would look to more appropriate, cost effective, efficient and perhaps holistic alternatives. It is common sense to try to resolve any problem by negotiation, just as it is to try to design things to prevent such problems arising in the fisrt place. Assisting clients negotiate a sensible settlement is or should be the first priority. Doing so in a way that looks to maximising mutual gains is known as collaborative negotiation.
Mediation is the next rung on the dispute resolution ladder and acting as a mediator in hundreds of cases over the past few years has shown that there is never or hardly ever any compelling reasons not to try mediation at a relatively early stage of any dispute. There again sometimes parties do want a decision reached as efficiently and effectively as possible and that is where adjudication and speedy forms of arbitraiton might have a role.
Acting as a neutral in a wide variety of capacities is immensely satisfying and provides real common sense solutions to any difference or dispute that arises. We should be dedicated to resolution by sensible means and resist being slaves to the processes that have evolved."
Anthony Glaister
Experience
Arbitration historically is associated with construction and property disputes. But it really spans wider areas of commercial activity. The primary purpose remains to try to resolve all disputes through negotiations first, and arbitration should be used as a last resort.
Anthony Glaister is an active members of the Chartered Institute of Arbitrators and sits on the Law Society's ADR and Dispute Resolution Committees. The sorts of disputes handled by Anthony as arbitrator have been partnership/interpersonal and construction disputes.
When to use arbitration?
Since the Arbitration Act was passed in 1996, this formal process has improved markedly. Arbitrators now have a duty to manage the arbitration in a cost effective and efficient way. They can use methods like costs capping and summary procedures to cut delay and cost; they tend to more investigative and the process ought to be less adversarial than it used to be. Occasionally mediation, conciliation or simple expert assessment can be used within arbitrations if it is appropriate.
An hourly rate applicable to the size and complexity of the dispute is agreed, unless a fixed price scheme is used such as that run by the Yorkshire Arbitration Scheme.
Adjudication is now the most common form of dispute resolution in the construction and engineering industry following the enactment of s108 Housing Grants Construction and Regeneration Act 1996.
Adjudicator Experience
Anthony Glaister is registered as an Adjudicator with and has received appointments from the Technology & Construction Solicitors Association, the Construction Industry Council and the Centre for Dispute Resolution. He accepts direct appointment by parties and is recognised as a pragmatic and reasonably priced adjudicator.
An hourly rate applicable to the size and complexity of the dispute is agreed.
Dispute resolution through traditional routes such as litigation, arbitration and even adjudication in the construction industry can be expensive, uncertain, slow and disruptive. Mediation is a form of assisted negotiation that is both fast and inexpensive. Mediation should be considered in any proper risk assessment prior to deciding how a dispute is to be resolved, as after all, most clients would prefer an agreed rather than an imposed solution, and to reach it as quickly and as inexpensively as possible.
Mediator Experience
Anthony Glaister in Leeds is Chair of the Association of Northern Mediation Services and sits on the Law Society Alternative Dispute Resolution and Dispute Resolution Committees. He has been involved in a very wide variety of disputes, particularly in the field of professional relationships, property and construction
What is the cost?
Unlike in other sorts of dispute resolution Anthony charges a fixed fee for the first day or half day which may include preparation time. Usually the Mediator's fee is split equally and may be as little as £500 per party for a very small mediation to over £2000.00 per party for a large one. The important thing is that it is agreed beforehand and only varies if the documentation is excessive making preparation far harder or if the mediation continues longer than allowed.
This is a combination of mediation and adjudication. It provides the benefits of both with the additional benefit of a fixed fee agreed at the outset.
The mediation takes place within an agreed timeframe taking usually up to half a day. It is therefore unsuitable for large, complex or multi party disputes. Ideally it suits small construction disputes.
If the mediation does not succeed it moves into an adjudication phase and the conciliator provides a brief binding but not final decision usually without reasons.
Conciliations are ideal for small building and engineering disputes where the cost and uncertainty of adjudication or litigation may be unwarranted. There are two cost options based on disputes valued at more than or less than £10,000 and two fixed fee conciliations based on a 2 hour and a 4 hour mediation. In both cases time is built in to allow for a recommendation. Reasons will not be given as it is intended that the recommendation is brief. If reasons are requested there may be an additional cost.
Online mediations are conducted from different locations and are useful for international disputes or ones where an agreed location is impractical.
Mediations conducted online by videolink ore telephone are charged on an hourly basis at a rate applicable to the value and complexity of the dispute.
Unlike many lawyers Anthony Glaister is a professional full time negotiator and neutral mediator/adjudicator. Therefore he will willingly take on commissions to negotiate in good faith on behalf of a client on the basis that he will not and cannot continue to act in any capacity if the negotiations do not succeed.
How does this work?
Collaborative law is a new concept certainly outsidefamily disputes. Collaborative agreements are entered into by both representatives and thus both of them can only act for their clients in these negotiations.
They undertake to negotiate in good faith disclosing all and any relevant material whether detrimental or not and there is no room for divisive litigation tactics. The parties are there to achieve a deal like in a mediation.
What are the likely costs?
The process is supposed to avoid excess correspondence and any reference to pleadings. There will be an hourly charge for the initial advice, circa £180, submitting and preparing a position statement similar to a mediation, tying in all relevant documents and attending one or more meetings. These can be conducted live or on line.
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