Q&As

What practical tips are there for conducting a remote mediation?

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Produced in partnership with Jane Player of Independent Mediators , Tim Hardy FCIArb of IPOS Mediation and Patrick Walker of IPOS Mediation
Published on: 29 May 2020
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Practical tips for the mediator

  1. •

    never move a participant without being in the room with them, and announce the move clearly so they can acknowledge it. Being moved without adequate notice can be disconcerting

  2. •

    don’t rush the process. As parties get to grips with video Mediation, progress can seem slow but in reality it is usually quicker with moves between rooms and Settlement agreement drafting in particular being much quicker

  3. •

    get the Mediation agreement signed in advance so you aren't spending time on the day agreeing the terms and sending to the parties and getting signatures etc

Practical tips for the lawyer

  1. •

    recognise that you are going to have to do much more planning around the shape of the mediation

  2. •

    consider whether the mediation should be conducted over a number of conversations over a number of days, with a long stop

  3. •

    as external counsel prepare the client

Jane Player
Jane Player

Mediator, Independent Mediators

Jane is a highly experienced mediator who was privy to some of the first mediations in the UK. Jane regularly mediates a wide range of commercial disputes both here in the UK and has had experience of mediation in Europe, Asia and Africa.

With over two decades’ experience of mediating a variety of international disputes practices, Jane is well-known for her tenacity and legal insight. Her expertise focuses on general corporate and contractual claims, fraud and project disputes to include technology and telecoms. She has particular experience of international dispute resolution and cross cultural aspects of joint ventures. She has been described as a “creative problem solver” and recognised for her ability to mediate successfully in the midst of particularly strong personalities who may be sceptical of the process as a whole. When conflicts cross cultures and borders, there are few held in such high regard for their ability to get to the core of the problem and get parties to focus on future business interests rather than just legal positions. She is known for her proactive facilitation, encouraging parties to balance the cost benefit analyses of the settlement against the ultimate potential for a win at court or arbitration. She has been recommended in Legal 500 and is described as mixing “a tenacious and involved style with a warm personality that brings all the parties together” and has been praised for her “quick grasp of both the legal and commercial risks at stake”.

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Tim Hardy
Tim Hardy, FCIArb

Mediator, IPOS Mediation

“Tim is a highly respected and accomplished commercial mediator with a talent for dispute resolution. One respondent says, he has honed his skills over the years to become one of the finest technically gifted mediators. His sharp legal acumen combined with his tough but fair negotiation style places him as a mediator in high demand.”   Who’s Who Legal 

Following a successful career in the City, including 21 years leading the Commercial Litigation team at CMS, Tim now brings all that experience to his role an independent Mediator of complex domestic and international commercial disputes. 

Tim has practised as an accredited mediator for 20 years and has wide experience in many industry sectors including
  • Automobile
  • Construction
  • Engineering
  • Financial Services
  • Healthcare
  • Hotel & Leisure
  • Insurance
  • IT
  • Manufacturing
  • Mining
  • Real Estate
  • Shipping & Transport
  • Telecoms
  • Utilities

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Patrick Walker
Patrick Walker

Mediator, IPOS Mediation

After 20 years in Chancery and Commercial Chambers in Leeds, Patrick spent 17 years with international law firm Squire Patton Boggs dealing with property and a wide variety of commercial cases. He was appointed as a part time Judge, Recorder (Civil) and Deputy High Court Judge.

He worked as a mediator part time until 2016 after which he has worked full time mediating throughout the country. He has an excellent reputation as a pragmatic and effective mediator and is consistently ranked in the first tier in both Legal 500 and Chambers Directories.

Alongside property law, Patrick mediates a wide variety of disputes including professional negligence, commercial contract, partnership, trusts and probate, share purchase agreements etc.

Patrick is a proficient video mediator with excellent feedback both for his mediation skills and his proficiency with video mediation technology.

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Jurisdiction(s):
United Kingdom
Key definition:
Mediation definition
What does Mediation mean?

A form of alternative dispute resolution in which a mediator follows a structured process to facilitate an agreed settlement between parties to a dispute.

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