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Mediating Costs Disputes – A Way Forward

Mediating costs disputes can prove invaluable. In recent years the battleground in litigation has been focussed as much on the costs of a litigation case than on the subject of the action itself.

The Courts have become clogged up with costs disputes to the extent that they could take longer to be resolved than the original action. Sometimes  the costs of the costs dispute are nearly as much as the costs of the original action. Clearly there is a lot at stake both in terms of time, risk and money.

So, What Are Your Options?

You can go to Court and see what costs the court awards you. However, the disadvantages of this are:-

1)    There are time limits for serving a bill.

2)    You have to file points of dispute and there are penalties if you don’t get them in on time.

3)    You have to pay a detailed assessment fee.

4)    You wait for ages for a hearing date.

5)    Who will be the Judge? You have no control over this.

6)    The Judge determines the outcome – the parties have no say in the outcome.

7)    The costs of the costs dispute can be very high, and pursuing them to a hearing carries a risk.

8)    Case law – this is constantly changing, affecting certainty.

9)    Part 36 Offers: there is a risk as to costs on these offers.


Mediating costs disputes:

1)    You and your opponent pick the person to perform the mediation.

2)    You choose the venue

3)    You choose the time and date.

4)    You can agree that the outcome is binding.

5)    You can at worst reduce the number of points of dispute

6)    You choose your budget.

7)    You might not need to employ expensive costs counsel so often.


What happens in the mediation is left up to the parties to agree, but largely the mediator will attempt to assist both sides to find a solution that keeps everyone happy. The mediator will never impose a solution. It must be by agreement.

Frankly there is very little to lose by mediating costs disputes. Ask us to let you have our costs schedule and see what you can save in time and money.

Howard Nulty – 27.02.2016

Posted in Uncategorised

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Did you know?

Workplace disputes will affect profitability and performance. Use mediation to resolve disputes swiftly.

The longer a dispute continues in the workplace, the more dramatic the effect on those working in or around it.

Conflict between employees can spread throughout the workforce, affecting morale and performance, if untreated.

A 2008 CIPD survey found that 51% of respondents use an external mediator to resolve people problems and conflict.

A 2008 CIPD survey found that 75% of mediations were initiated by HR departments.

If you express your anger you will start an argument; if you explain your anger you will start a discussion.

In 2016 mediation will have saved UK businesses £3 billion in wasted management time & productivity, damaged relationships, & legal fees.

Ignoring ‘mega-cases’ the total value of mediated disputes in the UK each year is £11.5 billion.

Since 1990, the total value of mediated cases in England & Wales is £110 billion.

CEO of regional Charity – “We have had cause to use Mediatelegal recently and I was delighted with their service. the mediator was patient during a very emotional and somewhat difficult situation but handled it beautifully. We saved a significant amount of money and would highly recommend this organisation to anyone wishing to avoid costly legal bills.”

Linda Lavery, The HR Dept: “I cannot recommend them highly enough. They were brought in to resolve a complex dispute which had continued for months with no resolution. The process was managed from start to finish by Mediatelegal and with their expertise and impartiality, the conflict was resolved amicably for all parties in just 1 day. The management time and money that has been saved is incalculable.”

According to the CEDR 2018 audit, 89% of mediations settle successfully on the day or shortly afterwards.

You are entitled to recover certain expenses incurred when attending a SEND mediation session.

An individual might potentially require an Education, Health and Care Plan (EHCP until they reach the age of 25.

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