mediation
The Lincolnshire Probate Law Society is able to offer mediation services to the legal profession and to the public through local accredited Mediators.

What is Mediation?
Mediation is a process designed to resolve disputes without the need for the time and cost of litigation. The process has a good track record of being able to assist parties to resolve their disputes and has become more and more popular amongst the legal profession. Indeed, the Civil Procedure Rules which control the process of litigation through the Courts, require all parties to give early consideration to the mediation process.

The Society has a panel of accredited Mediators with a variety of experience who can be engaged to mediate in a dispute. All mediators participating in this Service have agreed to comply with the EU Code of Ethics (Llink below) so that parties can be confident of the best possible service from their Mediator.

How much will a Mediator cost?
Members of the Lincolnshire Probate Law Society Mediation Panel will normally charge fees in accordance with the National Mediation Helpline scales. These are as follows:

Amount in dispute
(claim + any counterclaim)
/b>
Fee per party
£5,000 or less (small claim) £100 for a mediation for up to 2 hours £50 per hour thereafter.
£5,000 - £15,000 £250 for a mediation for up to 3 hours £84 per hour thereafter.
£15,000 - £50,000 £375 for a mediation for up to 4 hours £93.50 per hour thereafter.
Above £50,000 By agreement with the Mediator.


All the above fees are per party and subject to the addition of VAT. The fees are based on the assumption that mediation will be concluded on the day it begins – different rates may apply if mediation is split or goes on to a second day or beyond. Preparation time prior to mediation is included in the above fees. It should be noted that all additional incidental expenses; such as the costs of travel and sustenance, will be in addition to the above scales.

Panel members are required to pay a fee of 5% of their fees to the Society to cover administration costs.

In the event of the mediation being unsuccessful, the costs incurred by each party in relation to the mediation (including the parties’ share of the Mediator’s fee) will be part of the costs of the dispute. These costs are therefore capable of falling within the scope of any Costs Order made by the Court in litigation arising from the dispute.

How do you arrange a mediation?
The Society does not recommend any particular Mediator but the Panel Members’ Mediator Profile can be found by clicking on the appropriate link below. Individual mediators can be contacted via the email link on their Profile. It is essential that any Mediator approached is aware that a referral has come through the Lincolnshire Probate Law Society for the purposes of monitoring referrals.

If you have any problems or queries, you can contact the Society’s Administrator Alan Tasker via the contact details on this website. The Society will then ensure, as far as possible, that a Mediator is immediately informed of your enquiry and asked to make direct contact with you.

The Mediator's fees
Once a mediation has been arranged, the Mediator will require payment of fees prior to the mediation. These will be paid direct to the Mediator who will account to the Society for the appropriate administration fee.

How do I become a member of the Mediator panel?
If you are an accredited Mediator and wish to apply to join the Society’s Panel, you will need to complete our Membership Application Form. There is a link below to download this form. This should be submitted to the Society’s Administrator, together with the documentation requested. There is an annual fee of £75, the first payment of which should be paid with the application form. This fee will be returned if the application is rejected.

The Society operates an equal opportunities policy in respect of any application for membership of the panel.

Mentoring
The Society, as far as possible, attempts to assist recently accredited mediators by giving them the opportunity to assist in or observe the mediation process. This is always subject to the agreement of the parties to the mediation but we endeavour to offer such opportunities in the mediations our Panel Members undertake.
Links
Panel Members Mediation Profiles
Panel Membership Application Form  [.doc file for Microsoft Word]
Feedback Form for mediators  [.doc file for Microsoft Word]
Feedback Form for parties  [.doc file for Microsoft Word]
Court Service CPR44.3
Ministry of Justice
Civil Justice Council
EU Code of Ethics