Independent mediation services for civil, commercial and workplace disputes.
Barrister mediators across England and Wales. Fixed fees, fast dates, and the trial-level judgement that makes settlements stick.
Clerk&Counsel arranges independent mediators for civil, commercial, workplace and construction disputes across England and Wales. Every mediator on our panel is a practising barrister with accreditation from the Civil Mediation Council, CEDR or an equivalent body — so parties get a neutral who understands how the case would run at trial, not just a facilitator.
Mediation is voluntary, confidential and without prejudice. The mediator does not impose a decision; they help the parties test their positions, narrow the issues, and build a written settlement they both sign. Most commercial and civil mediations settle on the day or within 14 days of it, at a fraction of the cost of a contested hearing.
The courts of England and Wales now expect parties to have considered mediation before trial. Following Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416, judges can order parties into ADR, and unreasonable refusal to mediate routinely attracts costs sanctions. Since 2024, small claims up to £10,000 are automatically referred to HMCTS mediation. Family and divorce mediation is a separate specialism handled by MIAM-authorised mediators — see our family law pages for that pathway.
When mediation is the right route.
Mediation works best where the parties want a commercial outcome rather than a judgment: an ongoing relationship worth preserving, a confidential resolution, a need for creative remedies the court cannot order (apologies, references, revised terms), or simply the certainty and speed that litigation cannot offer.
It is equally effective late in the day. Many disputes only settle once pleadings, disclosure and expert reports have been exchanged and the true shape of the case is clear. A well-timed mediation just before a costs budget or a trial window is often decisive.
- Costs risk under Part 36 and Churchill v Merthyr Tydfil is significant.
- Small claims (up to £10,000) are automatically referred to HMCTS mediation from 2024.
- Court-ordered stays for ADR are increasingly common in the County Court and Business & Property Courts.
- Confidentiality — nothing said in mediation can be used in later proceedings.
How a typical mediation day runs.
Position statements and a core bundle are exchanged 5–7 days ahead. On the day, the mediator holds a short joint opening, then moves into private caucus with each party in turn — testing arguments, exploring interests, and carrying offers between rooms. The pace is deliberately compressed; most mediations reach a written settlement heads of terms by the end of the day.
Once signed, the agreement is a binding contract. If proceedings are already on foot, it is usually converted into a Tomlin order and filed with the court, making the terms enforceable without further litigation.
Transparent fixed fees.
Mediator fees are quoted as a fixed sum per party for a half-day (up to 4 hours) or full-day (up to 8 hours) session, with the total split equally between the parties unless otherwise agreed. Rates scale with the value and complexity of the dispute, from around £750+VAT per party for straightforward matters up to several thousand for high-value commercial disputes.
Preparation time, travel and any second day are quoted separately and always in writing before the mediation is booked. There are no hidden clerks' fees or hourly overruns.
Specialist areas within this practice.
- Workplace mediation
Colleague conflict, grievances, bullying and manager-employee breakdowns.
- Commercial mediation
Contract, shareholder, partnership and professional negligence disputes.
- Employment mediation
Pre-tribunal and ACAS-adjacent employment disputes.
- Civil mediation
General civil claims in the County Court and High Court.
- Construction mediation
JCT/NEC, defects, delay and payment disputes.
Book a mediator, not a battle.
Tell us the dispute type, value and preferred window. We will come back within one working day with two or three suitable mediators, availability and fixed fees.
Common questions.
What is mediation and how does it work?
Mediation is a confidential, without-prejudice process in which a neutral third party (the mediator) helps the parties negotiate a settlement of their dispute. The mediator does not decide the case — they shuttle between the parties, test positions, and help build a written settlement agreement that becomes binding once signed. Most mediations run as a single day, in person or remotely, with position statements exchanged in advance.
Why use a barrister as a mediator?
Barrister mediators combine the neutrality required of a mediator with deep courtroom experience of the same disputes. That means realistic reality-testing on liability, quantum, costs and litigation risk — often the shift that unlocks settlement. Many of the mediators we work with are also accredited by the Civil Mediation Council (CMC) or CEDR.
What types of dispute can be mediated?
Almost any civil or commercial dispute — contract, shareholder, partnership, professional negligence, construction, property, boundary, inheritance (including Inheritance Act 1975 claims), employment, workplace grievances, and TOLATA claims. Family and divorce mediation is a separate specialism handled by MIAM-authorised family mediators.
Is mediation compulsory before court?
The Civil Procedure Rules require parties to consider ADR, and the courts increasingly impose costs sanctions on parties who refuse mediation unreasonably (Churchill v Merthyr Tydfil [2023]). From 2024 small claims up to £10,000 are subject to automatic referral to HMCTS mediation. In the family courts, most applicants must attend a MIAM before issuing.
How much does mediation cost and who pays?
Fees are typically fixed per party for a half-day or full-day session, with the total usually split equally unless the parties agree otherwise. Rates depend on the value and complexity of the dispute. We can quote a fixed mediator fee before you commit — most commercial mediations settle for a fraction of the cost of a trial.
Is a mediated settlement legally binding?
The mediation itself is without prejudice, but once the parties sign a written settlement agreement at the end of the day it is a binding contract and enforceable in the usual way. In litigation, the agreement is often turned into a Tomlin order and filed at court.