For solicitors, insurers & advisers
A neutral your clients will thank you for.
Instructing a mediator is a judgement call about preparation, temperament and whether they can follow the evidence. This page sets out what you can expect when you appoint me.
What you can expect
Six commitments to every instructing party
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Prepared, not briefed on the day
Position papers and the bundle are read in full. I speak to each representative before the mediation, so the day starts with the real issues rather than a recital of the pleadings.
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Fluent in the technical evidence
I read the engineering reports, estimates and photographs directly. Nobody has to explain the subject matter to me first, and I can test assertions on both sides with equal rigour.
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A disciplined timetable
Agreement to mediate, papers, pre-mediation calls and the day itself run to fixed dates. Settlement terms and any consent order are drafted before the mediation closes.
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Fixed fee, no surprises
One fee per party, quoted in writing, on the Civil Mediation Council Fixed Fee Scheme structure. Extras such as travel are agreed in advance or not incurred.
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Dates that fit the court timetable
Mediations are usually available within weeks. Where a listing or a stay requires it, sooner.
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Clear boundaries
Neutral throughout, with no view expressed on who is right. A single conflict register is checked across my mediation and expert practices before each appointment; I never act as both in the same dispute.
Formats
Mediation, JSM or portfolio day.
Injury, credit hire and insurance work is almost always conducted through representatives. I am comfortable in that setting and in the technical evidence that drives it.
Mediation
Full or half day. Private sessions, proposals carried between rooms, terms signed on the day. In person at Paternoster Lane, at your offices, or online.
Facilitated joint settlement meeting
A chaired without-prejudice meeting between representatives in litigated injury, credit hire and insurance claims. Structured to a timetable, focused on closing the gap.
Portfolio and multi-party days
Several claims between the same insurer and claimant firm, or several defendants on one claim, dealt with in a single structured day.
Where I add most value
Disputes that turn on technical evidence
Vehicle rejection and repair quality. Credit hire period, rate and vehicle damage. Valuation and total loss. Construction defects and final accounts. Component and product failure. Boundary and survey disputes. Settlement is rarely blocked by the law; in technical disputes it is blocked by a fact nobody can test. A mediator who can see that, and test it, asks better questions in private session, and better questions move positions.
“You are not referring a process. You are referring a person into a room with your client.”Download my mediator profile (PDF)
How do I check conflicts quickly?
Send the parties' names, any insurers and the representatives on each side. I run the check and confirm the same working day.
What do you need before the day?
A short position paper from each side, an agreed bundle, and the Part 36 and offer history where proceedings are issued. I provide a timetable with the agreement to mediate.
Do you draft the settlement agreement?
I provide a template and help the representatives agree the terms on the day. The parties' advisers remain responsible for the final document and any consent order.
Can you work with insurers' panel requirements?
Yes. The agreement to mediate, fee structure and confidentiality terms can be aligned with panel or scheme requirements on request.
Start a conversation
Check availability for your matter.
Send the parties, insurers and representatives involved and the dates you are working to. I will confirm conflicts and come back with a fixed-fee proposal.
Prefer email? roger@newbydisputeresolution.com · 07500 138470
Roger Newby
Independent Civil & Commercial Mediator