Mediation Services
David Rosen & Co offers Alternative Dispute Resolution (ADR) services to new and existing clients for non-court based dispute resolution (NCBDR) outcomes, including being an independent mediator.
Independent Mediation Services
Pursuant to Rule 6.16, Annex 2, paragraph 1 of the SRA Authorisation of Firm Rules, David Rosen & Co offers Alternative Dispute Resolution (ADR) Services to avoid litigation through the courts and to avoid navigating through the unknowns and mysteries and complexities of litigation.
ADR services are offered through plain speaking, negotiating, and a deep understanding of people and relationships. These services as an independent mediator are offered to those who are not, or have never previously been customers of David Rosen & Co.
Mediation Services from Professor David Rosen
Prof. David Rosen is an independent mediator between two parties, or more, who are not or have ever been clients of David Rosen & Co.
He mediates on a wide range of disputes which include but are not limited to:
- Commercial disputes or altercations
- Contractual variances or contentions
- Partnership disputes or issues
- Cases with particular emphasis upon fraud and dishonesty claims.
At this time, David Rosen & Co. does not (yet) offer family mediation or legal aid civil mediation.
Mediation Facilitates Agreed Resolutions
Mediation provides a forum by which he seeks to facilitate agreement between the parties. Be realistic, because inevitably mediation requires and dictates a degree of compromise on both sides to reach agreement. Once agreement is reached, terms are drawn up into an agreement which is binding upon the parties so that in the event of breach, it is a matter of applying to the courts for specific performance, or else for breach of contract as the case may be.
Mediation Can Be 'In Person' Or By Online Methods
Mediation can take place face-to-face, usually within a setting of different rooms. A room for each party and their legal team, together with one room for collective meetings either with everyone present, or sometimes just the parties, or sometimes just the lawyers present.
Mediation can also take place remotely so that you can be in the comfort of your environment and avoid the costs of renting rooms.
The setting for mediation can be tailor-made, although the preference is for remote mediation using Zoom, MS Teams, or some other form of remote meeting format.
David Rosen - Experienced Mediator
David has taken part in hundreds of mediations drawing upon his experiences as a litigator for over 25 years, having handled and advocated in some of the largest commercial litigation cases in England.
Accompanying those many years engaged in disputes of all shapes and sizes and complexities, he has developed his own sense and style.
Anchored in a deep understanding of emotional intelligence, and clear thinking, applying a cool, calm, and collected voice of reason, keeping those he deals with at ease and setting the appropriate atmosphere and environment to allow constructive, rational, and logical thinking.
David's Mediation Style
David is strong and confident in character. He is plain-speaking and direct and applies disarming honesty. David will not hold back on pointing out strengths and weaknesses in evidence and presentation etc. After all, he is there to facilitate settlement and compromise between the parties and is not there just to be a good listener.
Moreover, David is collaborative and is a lateral thinker when a solution is not always immediately apparent. He adopts a philosophical, non-aggressive, and ultimately pragmatic approach.
The Mediation Process At David Rosen & Co
Preliminaries and directions
David would in the first instance require all parties and their legal representatives to sign a Memorandum of Understanding that they all agree to attend mediation without fear or favour.
Before commencement, each party would be required to make payment on account of the mediation fee. It is standard practice that each party contributes 50% of the agreed fee. In preparation for the mediation meeting, David would require an agreed bundle of paperwork to include an agreed list of issues, case summary, and chronology.
Any party is free to leave if they so wish at any time during mediation. Only when an agreement is reached between the Parties is mediation then binding upon the Parties.
First Contact
David would in the first instance wish to talk to each of the legal representatives to introduce himself and to get a flavour of the expectations of the parties.
David would then, if appropriate, seek to talk with each of the parties and their legal representatives together, to manage expectations of a mediation and to re-assert the preliminaries.
Mediation Day
There will be a pre-meeting for each of the parties and their legal teams separately to manage any house-keeping matters etc…
If appropriate, David will invite opening remarks from each of the teams, and then invite each of the parties to go back to their respective rooms/remote rooms as the case may be.
David will spend his time going between each room to narrow issues, and to encourage offers, concessions, and possible compromises.
Mediation Outcomes
A Meeting Of Minds Is Achieved
If mediation takes place during court proceedings, a Tomlin Order will be drafted, attaching the agreement reached. This would be an order staying proceedings to allow for the attached agreement to take effect.
If mediation takes place before court proceedings have been issued, a Settlement/Compromise Agreement would be more appropriate to record decisions reached.
A Meeting Of Minds Is NOT Achieved
In such circumstances, mediation will have been unsuccessful, because without an agreement being reached and terms agreed upon, no mediation is binding upon the parties.