Ellis Mediation Ltd

04/04/2025

Ellis Mediation offers commercial, community and workplace mediation services to companies and individuals.

Please see our website at www.ellismediation.co.uk, or email me at [email protected], or call me on 07745 849207 to see how we can help you.

We offer mediation services across four categories: commercial, consumer, community and workplace. How can we help you?

23/05/2023

Here is our latest video explaining everything you need to know about mediation.

12/01/2022

Reasons given for not choosing mediation which miss the point
Number 4 of 4 – ‘I don’t understand mediation, but at least I understand how a court works!’
Admittedly this is not something which is often heard out loud, but many people probably think it. It cannot be denied that it is most likely true for most people, that they simply know more about courts and the court process than they do about mediation, though this cannot be a surprise given we are all brought up watching TV programmes and films about the legal process and courts, but when was there a TV programme or film about mediation? The risk is that familiarity with the court process gives people false comfort; it can surprise people how the reality of the court process differs from the rose tinted version shown on TV or in films.
However, a lack of knowledge about something is not really a good reason for not considering it further. This is where the knowledgeable lawyer has a big part to play, by educating their client about the weaknesses in their case which could be a problem if the case went to court, and therefore how mediation may be a better alternative for the client to consider.
To discuss how we can help resolve your dispute, contact us for a free consultation on 01604 372385, or email via [email protected], or see our website at www.ellismediation.co.uk

11/01/2022

Number 3 of 4 – ‘I’ve started the court process so I’m going to finish it!’
In theory this shouldn’t happen, as a lawyer should discuss the option of mediation with their client before a decision is made to go to court, and so mediation would be chosen before any court case was started, but things are not always so clear cut.
Sometimes the client has to experience the start of the legal process to fully understand how long the process will take, and therefore the cost involved, for them to really consider all the benefits of choosing mediation over going to court.
This is why a proper discussion should take place between a lawyer and their client about the benefits of mediation when they first meet to discuss the case. An early decision to use mediation can save the client hundreds, if not thousands, of pounds regarding a court action that is unnecessary.
To discuss how we can help resolve your dispute, contact us for a free consultation on 01604 372385, or email via [email protected], or see our website at www.ellismediation.co.uk

10/01/2022

Reasons given for not choosing mediation which miss the point
Number 2 of 4 – ‘I want my day in court!’
This sounds like a cliché, but lawyers will confirm that they hear this more often than they would like. It could be said that this is the same as ‘It’s the principle……’ (number 1 in this series) but possibly there is a difference; ‘It’s the principle…..’ is about the client feeling a kind of intellectual or moral justification, whereas the ‘day in court’ comment is more about wanting to see concrete action such as being in court to back up the strong emotions being felt by the client.
As with ‘It’s the principle…..’, there is an automatic assumption in the ‘I want my day in court!’ statement that the righteousness of the case will be clearly evident to the judge, and that victory will be swift and inevitable. Sadly, anyone who has seen a court in action will confirm that it doesn’t always work that way!
‘I want my day in court!’ is similar with ‘It’s the principle…..’ in that too much emphasis is put into doing something than considering the risks that the action taken might not deliver the desired results.
Mediation is a better alternative as it still gives the client the opportunity to state their case directly to the other party in the dispute, but where the mediation process is not focused on proving or disproving one side or the other, and so the risks are lower than going to court; the process is focused on finding a solution that works for both parties.
To discuss how we can help resolve your dispute, contact us for a free consultation on 01604 372385, or email via [email protected], or see our website at www.ellismediation.co.uk

07/01/2022

Reasons given for not choosing mediation which miss the point
Number 1 of 4 – ‘It’s the principle……’
I have heard an experienced mediator, who happens to be a barrister, say that the words he dreads hearing from his clients is ‘It’s the principle…..’, as he said it inevitably meant that the case would end up in court, as his client would see going to court as the only way of upholding the principles involved, whatever the principles may be; usually the word ‘principles’ is used as short hand for ‘so that everyone can see how badly I have been treated, and the judge will obviously agree with me, and that the other party gets what they deserve’. This barrister believed that, over the course of his career, many millions of pounds had been wasted by clients on court cases, when in most cases mediation would have been a much better option.
The risk about going to court based on principles is that it might not be so clear to others about how badly you have been treated, and so the judge may not agree with you, and so the other party may not get what you think they deserve, but most people underestimate this risk, as understandably they believe 100% that they have right on their side. When you go to court the strengths of your case are evident but so are the weaknesses in your case, so what is needed is a clear headed consideration of the balance between the strengths and weaknesses before you decide to go to court to form a view of the risk of losing the case, but sadly this does not always happen.
Mediation is a better option as process is much more like a negotiation, where the weaknesses of your case will not be as much a concern as they would be if you went to court. The mediation process seeks to find common ground where an agreement can be reached without the forensic analysis which would inevitably happen in court. It doesn’t mean that you have ditched your principles, but rather that you have made a pragmatic decision to chose a less risky (and cheaper and quicker) way of resolving your dispute
To discuss how we can help resolve your dispute, contact us for a free consultation on 01604 372385, or email via [email protected], or see our website at www.ellismediation.co.uk

05/01/2022

Advantages of mediation – part 5 of 5 - control
Control is an often overlooked advantage of mediation but it matters. Many parties have said that when they decide to hire lawyers and to go to court, they often feel that they pass control to the lawyers, and that they become almost observers to their own case. This often makes going to court more difficult for the parties to deal with emotionally, as they feel they are not in control of their own destiny. This feeling of loss of control is exacerbated by the issue of a third party, the judge, making a decision or decisions over which they have no control.
This does not happen in mediation. The mediator works with both parties to help them reach a mediated agreement, but it is always their case and they always have control; the mediator never takes control or tells them what to do, though the mediator will make suggestions and will test the assumptions of the parties by asking hard questions, in the best interests of reaching a mediated agreement.
To discuss how we can help resolve your dispute, contact us for a free consultation on 01604 372385, or email via [email protected], or see our website at www.ellismediation.co.uk

We offer mediation services across four categories: commercial, consumer, community and workplace. How can we help you?

04/01/2022

Advantages of mediation – part 4 of 5 – ‘without prejudice’
‘Without prejudice’ is a legal phrase; it just means that whatever is discussed during mediation cannot be raised if the mediation fails and the case ends up in court. Please note that it does not mean that nothing about the subject of the mediation cannot be discussed in court, but rather that the details of the discussions during mediation cannot be raised, so for instance one party cannot say ‘ during the mediation Martin the mediator said….’; it is the details of are ‘without prejudice’.
‘Without prejudice’ is a very important principle because, when combined with the confidentiality principle, it means that the parties have complete assurance that they can raise and discuss issues knowing that mediation is a ‘safe space’ where they can make proposals and suggestions which will mot be used against them later in court. This encourages the parties to be much more open and honest during the mediation that they would be if ‘without prejudice’ did not exist.
To discuss how we can help resolve your dispute, contact us for a free consultation on 01604 372385, or email via [email protected], or see our website at www.ellismediation.co.uk

30/12/2021

Advantages of mediation – part 3 of 5 – confidentiality
A key advantage of mediation is that the process is 100% confidential. Nothing that is discussed between the mediator and one party will be discussed with the other party by the mediator, unless the first party gives their approval. More than that, all parties agree that they will not discuss anything relating to the mediation with any party who is not involved in the mediation at any stages, even after the mediation has finished.
This commitment to confidentiality allows all parties to discuss matters with the mediator in an open way as they know that what they say will not be repeated elsewhere unless they give their explicit approval. The confidentiality principle is continued in part 4, ‘without prejudice’.
To discuss how we can help resolve your dispute, contact us for a free consultation on 01604 372385, or email via [email protected], or see our website at www.ellismediation.co.uk

We offer mediation services across four categories: commercial, consumer, community and workplace. How can we help you?

29/12/2021

Advantages of mediation – part 2 of 5 – speed and time
Going to court to resolve a dispute has never been a quick process, but the onset of covid 19 had led to extended delays in the legal system. Most low level commercial disputes are processed via the money claims court (previously the small claims court) where cases are taking several months to be heard. The time it takes for the case to reach court can have a negative effect on the parties involved, who have the court case hanging over them until they get to court.
The good news is that mediations can take place as soon as the parties are ready, and often start within days of the parties agreeing to the mediation. 80% of mediations end with a mediated agreement, and of those most mediations are resolved on the day the mediation meeting takes place.
To discuss how we can help resolve your dispute, contact us for a free consultation on 01604 372385, or email via [email protected], or see our website at www.ellismediation.co.uk

28/12/2021

Advantages of mediation – part 1 of 5 – cost.
Mediation is always much cheaper compared to hiring solicitors and going to court. Solicitors cost £200 per hour, and charge £150 for writing a letter, so pursuing a commercial case to court can easily cost £1,000 if a solicitor is involved, maybe more.
With mediation, our one off fee for a case up to £50,000 disputed value is a maximum of £445, and less for disputes with a lower value.

To discuss how we can help resolve your dispute, contact us for a free consultation on 01604 372385, or email via [email protected], or see our website at www.ellismediation.co.uk

24/12/2021

Different types of mediation – part 4 of 4 – workplace.
Workplace mediation is where two people in an organisation are finding it difficult to work together, for reasons that may be work related or where it is non work related. These ‘disputes are difficult to resolve using traditional HR process, as no-one has done anything ‘wrong’, but even so the dispute can affect others in the organisation and so make it very difficult for the organisation to operate effectively.
A mediator can work with the parties to understand the cause of the dispute and work with them to agree what can be done to ensure both parties can continue to work together. It is a relatively new type of mediation but one which is becoming increasing popular. It is usually paid for by the employer.
Mediation offer a low cost way of resolving a workplace dispute with 100% confidentiality. If you have a workplace dispute that you are finding difficult to resolve, please contact us for a free consultation, by calling 01604 372385, email [email protected], or see our website www.ellismediation.co.uk