What does your Conciliation Service entail?
Our Conciliators assist the Parties to independently develop a list of objectives which they desire to achieve from a negotiation to restart (or reset) a project impacted by coronavirus.
They work by meeting with each party independently building an atmosphere of trust and seeking movement on the Party's objectives. In effect they act as a trusted go-between to help the Parties negotiate. This is more effective than straightforward mediation because conciliation mends fences and rebuild relationships whereas mediation is simply about resolving ostensible differences.
Conciliation may take a number of days when meetings are held over a period of some weeks. The process concludes when an agreement is reached and documented or one party decides that it does not wish to continue. All meetings are held on a Without Prejudice basis and subject to contract.
Our Managing Director has helpfully summarised the need for conciliation in the post Covid-19 environment in a short article which can be downloaded here.
What do you mean by Dispute Potential?
In order to correctly ascertain what fee to charge, we relate this to the Dispute Potential of the project. The Dispute Potential is the likely sum involved in the event of a dispute between the Parties arising as a result of the project re-start. By classifying the dispute in this way then we can tailor our to the value of dispute. In this way, we are able to offer reduced fees for lower value, simpler, disputes.
What is Reading Time?
Prior to engaging in discussions with the Parties, the Conciliator will want to learn more about the project and the Parties by reading certain documents such as the contract, any progress report and updated project programme, the latest interim valuation, etc. This enables the Conciliator when they come to hold discussions with the Party's to do so from an informed position. The time taken to study these documents is referred to as Reading Time.
What if the other Party won't engage?
Collaboration between the Parties is an essential ingredient of conciliation. However, it sometimes the case that one party is reluctant to engage in discussion. This is because they perceive such discussions as a weakness or that it might in some way lessen their position.
We are used to dealing with reluctant parties both in effecting conciliation and in mediation. Once approached by you, we will take steps to encourage both parties to participate in the process. Our fees do not become payable unless and until we have brought all parties to the table in the form of a signed conciliation agreement.
Why are your costs so low?
Our charges are competively priced so as to reduce the cost burden on Parties who may not have worked for some considerable time and who continue to face financial difficulties in getting projects back under way.
Naturally, we cannot work for nothing so our charges are tailored to suit the Dispute Potential (see above) of the project. We feel that our fees for disputes likely to be over £250k reflect a reasonable return and are considerably less than those of claims consultants and lawyers for similar work. From this point we have abated our fees in respect of smaller value matters.
For the smallest value disputes, our rate of just £200 per party per day means that you can engage in an effective dispute avoidance process for just £25 per hour!
What if I have further questions?
If you have any further questions then please contact us using the form contained on our Home page.
How do I engage your services?
There are various ways in which you can get the process under way. The first step is to make contact with us. This is most easily done by submitting a ticket using our bespoke Helpdesk.
Simply visit beckwithmediation.com/helpdesk and "submit a ticket. We will then get to you promptly for an initial discussion.
How do I choose my own Conciliator?
As part of our effort to keep fees as low as possible for the smallest value disputes, we select the most appropriate conciliator. This may be someone who, whilst is fully qualified in their chosen calling and may be legally qualified, has less experience in conducting mediations and conciliations.
Such persons are fully supervised by our senior personnel so you needn't worry about the quality of service - its our way of improving the skills and experience of our people.
For all other matters, you are able to select your own mediator from our panel of neutrals, subject to the availability of the person concerned.
What is the College of Neutrals?
The College of Neutrals is an initiative of Beckwith Mediation. The object is to assemble a Panel of Neutrals comprising professionals drawn from many professions and industries.
The College of Neutrals will provide training and marketing services for the Panel at cost effective rates. For more information, subscribe to our mailing list in the following question.
How do I join the College of Neutrals?
If you like to receive further information about the activities of the College of Neutrals then please subscribe to our mailing list below. As soon as we are ready to launch the College's membership site, we will let you know so that you can be amongst the first to register.