MEDIATION WITH EMW

• Frontloading costs involved in the mediation process.
• A fear that mediation will expose a party’s hand or strategy.
• A party could fish for helpful information to support their case.
• Parties who consider that they have a strong case may see it as a waste of time and money.
• It is not suitable where allegations of fraud or other commercially disreputable conduct are alleged.

Generally, the parties share the mediator’s fee and the associated costs of mediation (venue and food) and bear their own legal costs of preparation for and participation at mediation.

• The ability to manage different personalities who may not be the best witnesses at trial.
• Working through deadlock situations by negotiation.
• In cross border disputes mediation can avoid many practical or procedural difficulties.
• Business relationships can be preserved or enhanced.
• Lost opportunity and management time can be saved.
• Mediation can produce outcomes that might not be possible through a trial. There are no “rules” to constrain the outcome.

As experienced accredited mediators, we understand all the mediation routes so whether we’re advising directors, partners or employees, we’re able to assess both parties’ positions with a level of fairness and accuracy. We also have extensive experience of designing and implementing in-house mediation for businesses in Milton Keynes, Northamptonshire and Hertfordshire in addition to undertaking the mediations ourselves. Whether proceedings have started or not, mediation is a successful way to resolve disputes at work.

Mediation works best when:

• there is conflict between individuals or within a team
• an employer or employee feels bullied or harassed
• an individual feels discriminated against
• an employee is suffering from stress at work
• poor performance is an issue
• bonus or other contracted terms are in dispute
• there is dissatisfaction over equal pay

Whilst these are examples of the common use of mediation, to discuss your situation, please call Jon Taylor.

Settlement is often a practical and cost-effective way to resolve disputes without the need for protracted litigation. At EMW, we offer expert legal mediation services and settlement support to help businesses in Milton Keynes, Northampton, Watford, Brighton, and London reach fair and enforceable resolutions that protect their interests and preserve commercial relationships wherever possible.

A successfully concluded settlement can be formally documented in several ways, depending on the nature of the dispute. For civil or commercial matters, this may take the form of a court Order, making the terms legally binding and enforceable. In the context of employment disputes, settlement is typically achieved through either a Settlement Agreement — negotiated directly between employer and employee — or an Acas COT3 agreement, both of which provide the parties with legal certainty and finality.

EMW’s experienced team provides hands-on guidance throughout the settlement process, ensuring that all legal, regulatory, and procedural requirements are met. We ensure that agreements are properly drafted, negotiated with clarity, and offer the protections needed to avoid future risk.

Where mediation is used — whether domestically or in international disputes — we help clients navigate the process strategically, recognising that many international frameworks now give legal recognition to mediation outcomes, adding weight and enforceability across borders.

Whether you’re looking to resolve an employment issue, a contractual dispute, or a commercial disagreement, EMW is here to support you every step of the way, delivering pragmatic, solution-focused legal advice tailored to your business goals.