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Thinking of litigation?
Worried about cost, time and business impact?
Mediation could be the answer for you!
ACID’s Mediate to Resolve service is a confidential meeting between two parties, without legal representation, who are in dispute, which enables them to retain control over the outcome. They are guided through the process by a skilled mediator who will use their expertise to restore or rebuild a harmonious relationship, whilst having no authority to impose an outcome.
ACID Mediation is available to both members and non-members.
All ACID members have signed the ACID Code of Conduct, requiring each member not knowingly to copy the products of another company. Despite all precautions, disputes can arise between fellow members of ACID concerning origin or ownership of one or more designs or products. Where such a dispute arises and the members are unable to resolve their dispute between themselves, ACID members agree to resolve their dispute through mediation before considering litigation.
Complete the contact form on this page or email [email protected] to find out more.
Non-ACID members are welcome to apply for ACID mediation by completing the contact form on this page or emailing [email protected]. We will arrange an initial call so that we can better understand your situation and check that mediation is suitable in your circumstances.
To apply for the ACID Mediate to Resolve service or find out more about the mediation process, use our enquiry form, or email [email protected].
ACID member | £2,000 + VAT | Duration 3-4 hours |
Non-member | £3,500 + VAT | Duration 3-4 hours |
Unless otherwise agreed, fees will be shared equally between both parties.
The fixed fee quoted will include up to three hour’s preparation time, depending on the case. If more time is required, this will be charged on an agreed hourly basis.
Should further time be required at the mediation whether by telephone or by further attendance this will be charged on an hourly basis as agreed.
There will be additional fees for room hire, refreshments and the mediator’s travel expenses.. Should mediation take place over a longer period than one day it may be necessary to charge for overnight accommodation.
The mediation fee, which will include the number of days booked, together with the estimated additional costs (room hire etc) is payable 10 days in advance of the mediation. Receipt of the mediation fee together with the Agreement to Mediate signed by all parties will confirm the booking.
Any additional costs following the mediation will be invoiced and are payable within 14 days.
All notices of cancellation must be made in writing and emailed to Laura Newbold Breen, CEO at [email protected]
If written notice of cancellation is received more than 7 working days before the date of the mediation a cancellation fee of £750 will be payable by the cancelling party.
Where written notice of cancellation is received fewer than 7 working days before the date of the mediation the full fees will be payable by the cancelling party.
Any cancellation fees involved for room hire and other third-party charges will be charged at cost.
Mediation is considerably less expensive than litigation and occupies less management time. A mediator can bring value to the process, giving the parties the best opportunity to have a constructive discussion at an early stage, before legal costs escalate and become a stumbling block.
Mediation offers a great degree of flexibility allowing for a remedy to be agreed between the parties, such as apologies, amendments to contracts and payments of money in instalments and grant of licenses. In contrast, a judge is constrained in the remedies he can award.
Recent cases have shown that the Court may deny winners at trial their costs and expenses if they have unreasonably refused to mediate.
Litigation by its very nature is adversarial and often irreparably damages relationships, whereas mediation encourages communication and co-operation between the parties and can often preserve relationships and generate future business.
By entering into mediation, neither party loses their right to pursue other dispute resolution methods such as litigation. It can take place at any time, including during litigation. The mediation takes place in a confidential environment, unlike litigation, which is open to public scrutiny, and is ‘without prejudice’ which means that the information disclosed during mediation cannot subsequently be used in court. The settlement reached by the parties sets no precedent so is ideal if a party wants to treat the dispute as a one-off.
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