Gary Webber is a mediator accredited by the ADR Group.  He mediates in all civil and commercial cases as well as property disputes.

For more details click here.

What does a mediator do?

The mediator does not make judgments or give advice.  He or she facilitates a settlement between the parties. 

What is mediation?

The mediation can take place at any venue. Lawyers can and often do attend, but it is not crucial. The process starts with an opening session at which everyone is present.  Each side makes an initial short statement, perhaps only 10 or 15 minutes long.  The parties then go into  separate rooms and the mediator shuttles between them, testing their positions and seeking solutions.  There is no fixed procedure.  If appropriate the parties will all come together again in a joint session or they may talk on their own without the mediator.  Each case will depend on the style of the mediator, the wishes of the parties and, essentially, what seems best to resolve the dispute.

The process is "without prejudice" and confidential. The mediator will not reveal anything told to him by one side to another unless he is given express authority to do so.  Once a solution is reached the parties write out their agreement, it is signed and from that moment on it is binding.

Why mediate?

Litigation is a lottery.  However good the case seems, however good the lawyers and however much they prepare uncertainties always remain.  Few cases actually end up in court and by the time they settle a great deal of time, money and emotional energy is wasted.  Even where there is a trial the victory of the successful party is often pyrrhic: the recoverable costs frequently outweigh the amount in dispute, the loser hasn't got the money or he has gone.

Mediation offers the opportunity to resolve disputes quickly, in private, with speed and at much less cost and hassle than litigation.  Judges are limited to deciding the case on the narrow issues chosen as the battle ground.  Mediation allows the parties to  be creative and to settle on wider terms.  Litigation polarises.  Mediation seeks to find common ground and practical solutions.  By working through the mediator the parties are able to negotiate without "losing face".

Not all disputes will be suitable for mediation but most will.  Many are surprised at how the most difficult cases can be satisfactorily resolved by mediation.

Mediation in property disputes

Property disputes are eminently suitable for mediation, particularly where the parties will continue to be in a relationship with each other, such as landlords and tenants, and neighbours.


Back to the top