Mike Whyatt
Civil and Commercial Mediator
About
I am a full-time mediator with a legal background having practised as a barrister for 30 years. My legal practice was in civil law including business relationships, divorce, cohabitation and property issues. I work in and around Lancashire, Cumbria, Cheshire and North Wales with cases mostly involving a farming or rural dimension.Outside of the law I have a lived experience of planning, property development, farming and building matters. I am a keen masters athlete and am comfortable mediating on issues related to sport and athletics.My legal background helps me understand the context of the issues and to better define the process and scope of the mediation. My approach is always professional and confidential.I often co-mediate with other specialist mediators. I am practical by nature and have the resilience, determination and skills to help resolve conflict whenever possible.
Mediation
Mediation provides a framework to facilitate the process of discussion and negotiation between two or more parties with the aim of achieving a mutually acceptable resolution.The process is conducted confidentially and without prejudice. This enables open discussion without fear of unwanted publicity or prejudice to any future contested hearing. I adopt a neutral position on the substantive issues and do not provide advice to either party on the merits or the law.
Advantages
• Control – the outcome of mediation is in your own hands• Flexibility – parties are able to explore wider solutions beyond the limited range of outcomes resulting from a formal hearing• Privacy – the issues can be aired without adverse publicity• Success – mediation is generally successful and if a full resolution is not achieved there are often other benefits from the process, including narrowing of the issues and/or reaching a better understanding• Relations – a successful mediation is more likely to preserve or improve any existing working relationship• Availability – mediation can usually be obtained without delay• Cost – are relatively modest and are usually shared between the parties
Alternatives
The main alternative to mediation is a formal hearing (court, tribunal, etc) which will usually guarantee an outcome (unless adjourned or delayed) but which comes with many disadvantages:-• Risk – risk is inherent as the outcome of any contested hearing is entirely in the hands of the judge or arbitrator. The outcome you seek or expect can never be guaranteed.• Remedy – the remedies available in the event of success are often limited in scope.• Damage – the relationship between parties is usually made worse because hearings are invariably adversarial.• Publicity – it is not always possible to maintain privacy.• Costs – hearings often involve detailed examination of evidence and legal argument resulting in a substantial amount of professional time and expense.• Delays – there are inherent delays in the legal system such that for many parties going to law may not even be feasible.Settlement meetings provide the other main alternative but without a clearly defined process and some independent input the meeting will often break down, which can make matters worse.
Fees
My fees for mediation are proportionate to the complexity of the issues and the financial implications to the parties. If you need a fee indication please contact me.
Next Steps
To engage in mediation you will need to have independent legal advice and it is usually necessary for your adviser to attend or to be available for you during the process.To arrange a mediation please only contact me after giving notice to the other party and confirming that you both agree to mediation in principle. To maintain my neutrality as your mediator any information or communications to me must be shared with the other party.In the period prior to the mediation I will ask each party to provide a short written summary of the nature of the issues and what they wish to achieve from the process.In person mediation is preferrable but virtual mediations can be arranged if the parties agree.Any proposed venue must be agreed as suitable, bearing in mind the need to maintain confidentiality and to accommodate any special needs. All costs associated with the mediation are usually shared equally, unless agreed otherwise in writing.
Contact
Contact me securely using the form or the email link below.