Costs disputes are often suitable for mediation.
That is because they are usually about money, risk, delay and uncertainty. By the time a case reaches a costs dispute, the practical question is often simple: is it worth spending more money arguing about the money already spent?
Sometimes the answer is yes. Often, however, the better answer is settlement.
I act as a mediator in costs disputes, including solicitor-client costs disputes, inter partes detailed assessment disputes, commercial costs disputes, litigation funding disputes, non-party costs issues and wasted costs matters.
What costs mediation is
Costs mediation is a structured negotiation assisted by an independent mediator.
The mediator does not decide the case. The mediator helps the parties test their positions, understand risk, narrow the issues and explore settlement.
A mediated settlement can produce certainty, confidentiality and finality. It can also save the further costs of fighting about costs.
Suitable disputes
Costs mediation may be suitable for solicitor-client assessments, challenges to bills, disputes about CFAs and retainers, deductions from damages, inter partes detailed assessments, commercial costs disputes, funding disputes, ATE disputes, non-party costs applications and wasted costs issues.
What to send
For most costs mediations, the useful documents are the bill, schedule or statement of costs, points of dispute, replies, costs order, judgment or settlement agreement, relevant offers, costs budget if relevant, retainer documents if relevant, any funding agreement or ATE policy, and a short position statement from each side.
The papers should be focused. A mediation is not improved by sending every document generated in the litigation.
Instructing me as mediator
Please identify the parties, representatives, nature of the costs dispute, amount claimed, amount in dispute, whether proceedings are underway, any hearing date, whether mediation is to be online or in person, proposed dates, and whether all parties have agreed to mediate.