Mediation is an effective way of resolving disputes. It is a forward-focused process aimed at finding common ground and positive outcomes. It provides an opportunity for the participants to be heard and empowers individuals to resolve their own conflict, without the involvement of the courts.
The 'win-lose' outcome of litigation can be avoided in mediation process, with settlements that are mutually satisfactory to all participants, saving time, energy and money. The process is consensual and the participants decide whether an agreement can be reached and its terms.
Any information shared by one participant, cannot be disclosed by the mediator to the other participant unless they have express permission. Any participant may withdraw from the mediation at any stage.
When and Where to Mediate?
The process of mediation is flexible and focuses on the needs and interests of the individuals who can mediate as soon as they are ready to talk about a resolution of their dispute. What takes place during a mediation is confidential and cannot be used outside the process in any subsequent legal proceedings.
Mediation can take place with, without or before the involvement of lawyers and before the issuance of any legal proceedings, or as directed by a court.There are no set rules as to where a mediation can take place. Usually, the process is held at a location agreed by the participants.
Conference rooms at the Chambers of 9 Bedford Row are available to host mediations by arrangement.
What to Mediate?
Mediation can be used to resolve a wide range of disputes,
These include community and neighbourhood issues, insurance matters, contractual claims, building or boundary disputes, landlord and tenant disagreements, professional negligence matters, to name just a few. The mediation process can be shaped to meet the needs of the participants and the particular details of the dispute.
In short, flexibility is mediation's greatest strength.
Gillian Higgins is an accredited civil and commercial mediator and international criminal barrister. As a member of the faculty of the London School of Mediation. Gillian lectures every month on civil and commercial mediation.
Gillian leads the International Practice Group at her chambers, 9 Bedford Row, London. With 22 years experience of internal and international conflicts from an international criminal law perspective, Gillian Higgins is also expertly placed to advise on and mediate in complex, politically-sensitive conflicts.
Areas of Practice
Civil and Commercial
Mediation is a powerful technique for resolving civil and commercial disputes of all sizes and types, quickly and cost effectively. It often has the advantage of resolving disputes while retaining or rebuilding business and personal relationships.
A successful mediation can result in a binding agreement providing a certain, and ultimately enforceable, resolution to the dispute.
The 'win-lose' outcome of litigation can be avoided and settlements agreed upon that are mutually satisfactory to all participants, saving time, energy and money.
Conflict can occur in the workplace in any type of workplace relationship.
Mediation is both voluntary and confidential. The aim of mediation in the workplace is to restore and maintain the employment relationship wherever possible.
Using an independent mediator to guide participants towards finding common ground and mutual agreement can help to resolve a seemingly intractable situation.
Pre and Post Conflict
Mediation in internal and international conflicts can play a vital role in forging a consensual platform for long-term reconciliation, reconstruction and state-building.
A positive process will depend on the consent of the conflicting parties to mediate, on cooperation between them and on their cooperation with the mediator.
Part of the job of the mediator in conflict situations is to help the adversaries negotiate a solution to their collective satisfaction. The work of an impartial mediator can help those involved in conflict to build relationships of mutual trust moving forward.
Get in Touch
If you would like to speak to Gillian, please complete the form below. You may also email or call to make an appointment.
The Chambers of 9 Bedford Row, London
T: +44(0)207 4892727
Clerk: Paul Outen