Corporate Services Blog

There is increasing evidence that courts and employment tribunals now expect litigants to seriously consider some form of mediation before legal action reaches the courtroom. Paul Trincas and Andrew Egan, corporate lawyers with Wantage solicitors, Charles Lucas & Marshall explain why businesses may soon have very little option but to mediate.

Business disputes can be expensive both from a time and cost perspective. Although the courts and tribunals cannot compel anyone to attempt to resolve their business or employment dispute, they expect the parties involved to at least have considered some form of alternative dispute resolution.

The recent Court of Appeal case, Rolf v De Guerin considered various issues – including the defendant’s refusal to mediate.

Although the defendant won at trial the claimant appealed on a number of grounds including the cost order which the trial judge had made in favour of the defendant. The claimant argued that the defendant’s refusal to take part in mediation amounted to unreasonable behaviour.

On appeal, when asked by the court why he had been unwilling to mediate, the defendant stated that if he had participated in mediation he felt he would have had to accept ‘his guilt’ and that he wanted his ‘day in court.’

Whilst the judge acknowledged that mediation might not have provided a solution, he felt that it was unreasonable on the defendant’s part to spurn offers to enter mediation.

The lesson to be drawn from this is that the courts now expect litigants to seriously consider and enter into some form of mediation. You may succeed in your claim but if you fail to engage in mediation without a legitimate excuse, you are likely to have costs ordered against you.

Employment Tribunal reforms: will employers feel forced to compromise?

The government proposes reforms to Employment Tribunals this year with the aim of reducing the number of claims.

It has been argued this may adversely affect small to medium sized businesses because  a form of compulsory early mediation through ACAS will force more cases to be settled out of court on a financial basis, through compromise or settlement agreements.

The concern is that employers may be more tempted to settle this way because of the potential level of costs the government is proposing for employers who might otherwise lose a tribunal case.

Many employers, however, already use compromise agreements to settle actual or potential employee claims anyway. Average settlement figures tend to be less than the full cost to employers of defending a case in the tribunal and will be cheaper than a potential fine of £5,000, plus the cost of reimbursing the employee’s claim fees and having an award of compensation against the employer.

Obviously settlement by way of mediation saves time and money and the inconvenience and hassle of having to attend the tribunal and give evidence rather than being at work and being productive.

What are the advantages of mediation?

Mediation will bring a certainty of outcome. It will avoid either the costs of proceeding to court, or, alternatively, if court proceedings have started, it will avoid having to proceed to trial with all the costs and uncertainties involved.

It is also independent of the court process and is a relatively informal procedure. Although the mediator facilitates settlement, it is actually the parties themselves who come to their own agreement and model the terms of any agreement.

What costs are involved?

These can vary, depending upon the nature of the dispute, the amount involved, the time required and the mediator appointed. The parties will have to share the mediator’s costs equally.

If the parties have a legal representative and wish to have their representative present, then the parties will have to pay their respective legal advisors. It is normally only in more complex or larger claims that parties wish their legal representatives to be present.

If the outcome of mediation is successful, then it may well be time and money well spent.

For further information contact Paul Trincas on paul.trincas@clmlaw.co.uk or for employment related issues, contact Andrew Egan on andrew.egan@clmlaw.co.uk or call 01235 771234.

Business disputes detract the business owner away from their prime objective – to make money. Paul Trincas, Head of corporate services at law firm, Charles Lucas & Marshall, highlights the benefits of using mediation to resolve such disputes.

Business disputes, especially if they lead to litigation, can be costly. Courts nowadays, although they cannot compel anyone to attempt to resolve their business dispute, nevertheless expect the parties involved to at least have considered some form of alternative dispute resolution.

Mediation is one of the main forms of alternative dispute resolution – and one of the most successful.

•  Why use Mediation ?

Mediation is a process of resolving disputes which is a relatively informal procedure and, if successful, will avoid further acrimony, the potential costs of litigation and the risk and uncertainties involved.

• What is the success rate ?

Statistics show that the use of mediation to resolve business disputes has a high rate of success. Over 80 % of cases have a positive outcome to the parties.

• What exactly is mediation ?

Mediation is totally outside the court process and involves, in effect, a without prejudice meeting between the parties, facilitated by an appointed and trained mediator, whose task it is to find common ground and “steer” the parties towards a settlement.

• When to use mediation ?

Mediation can be used at any stage of a dispute. It can be used either before court proceedings or at any stage after court proceedings have commenced.

• What types of disputes can Mediation be used for ?

Any – that is the beauty of mediation. Trained and experienced mediators are available who have experience in virtually any form of dispute.

• What are the advantages?

If successful, the main advantages are:

It will bring finality to the dispute and certainty of outcome.

It will avoid either the costs of proceeding to court, or, alternatively, if court proceedings have started, it will avoid having to proceed to trial with all the costs and uncertainties involved.

It is independent of the court process and is a relatively informal procedure.

Although the mediator facilitates settlement, it is actually the parties themselves who come to their own agreement and model the terms of any agreement.

• What costs are involved ?

These can vary, depending upon the nature of the dispute, the amount involved, the time required and the mediator appointed.

There are many organisations which provide trained and experienced mediators.

The parties will have to pay the mediator’s costs, shared equally.

If the parties have a legal representative and wish to have their legal representative present, then the parties will have to pay for their respective legal advisors. It is normally only in the more complex or larger claims that parties wish their legal representatives to be present.

If the outcome of mediation is successful, then it is time and money well spent.

For further information contact Paul Trincas on 01635 521212 or paul.trincas@clmlaw.co.uk

Newbury lawyer, Paul Trincas has been chosen as one of the athletics officials  for the London 2012 Olympic Games.

Paul Trincas

Paul, a partner and head of corporate services at Charles Lucas & Marshall, was short-listed for interview at the end of June and found out today (23 September) he had been selected.

Paul has been selected to be part of the London 2012 Olympic high profile ‘Athletics Team’ and his role will be performed within the main Olympic Stadium.

Among many responsibilities, he will need to ensure the track and field of play is properly prepared, maintained, marshalled and supplied. However, further and more specific details of his role will be notified to him shortly.

“To be perfectly honest, following my interview in June, I had put it to the back of my mind,” said Paul.  “I thought the chances of my being offered a position within the ‘Athletics Team’ in the main Olympic Stadium were not that great given that some 250,000 people had applied to be part of the Olympic Games -  and they needed  less than 200 to be part of the ‘Athletics Team.’

“When I was told by email, I had to read it twice to reassure myself it was true,” added Paul.

“It is a voluntary role and I will need to be available for eleven days of the track and field events. I may also be contacted to officiate at the Paralympics Games which would be a great honour.

“I love athletics and to be part of such a great occasion within the main Olympic Stadium will be the experience of a lifetime.”

Paul, who is a qualified UK Athletics Official and qualified UK Athletics Coach, and who has taken written and practical exams as well as on-going assessments to achieve his qualified status, has been an active member of Newbury Athletics Club for the last ten years.

A schoolboy record holder in sprint hurdles, he now coaches youngsters interested in his favourite athletics event.

Paul will now have to undertake a variety of training and briefing courses in the run up to London 2012, as well as attending various test events to ensure that everything is ready for 2012.

You can contact Paul Trincas on 01635 521212 or paul.trincas@clmsolicitors.co.uk

Newbury lawyer, Paul Trincas is aiming to swap the courtroom for the athletics track at the London 2012 Olympics – as he sets his sights on becoming an athletics official  at the Olympic Stadium.

Paul Trincas - Head of Corporate Services

Paul, a partner and head of corporate services at Charles Lucas & Marshall, has applied to become part of the Olympic ‘Athletics Team’ – and has been short-listed for interview later this month (28th June).

If successful, he will be part of an army of an estimated 70,000 people who will be needed for key support roles during the duration of the Games.

“The Olympics in London is a one-off special event that is unlikely to arise again during my lifetime. I felt I would be kicking myself if I didn’t take the opportunity and apply,” says Paul.

“It is not a paid role but I love athletics and to be part of such a great occasion within the main Olympic Stadium is an experience and an opportunity I don’t want to miss out on.”

Paul, who is a qualified UK Athletics Official and who has taken written and practical exams as well as on-going assessments to achieve his qualified status, has been an active member of Newbury Athletics Club for the last ten years.

A schoolboy record holder in sprint hurdles, he now coaches youngsters interested in his favourite athletics event.

If selected, Paul will have to undertake a variety of training and briefing courses in the run up to London 2012 and will need to be available for all eleven days of track and field events.

As well as being a qualified UK Athletics Time-Keeper, he has listed ‘anti-doping’ regulation as an area of interest within his application.

You can contact Paul Trincas on 01635 521212 or paul.trincas@clmsolicitors.co.uk

Paul Trincas - Head of Corporate Services

Paul Trincas has been appointed head of corporate services at lawyers, Charles Lucas & Marshall.

Paul has been with the firm for 29 years and a partner for 20 years. A specialist in commercial litigation, he is a leading expert on motoring law disputes, commercial and contractual law and dispute resolution.

His appointment brings a wealth of experience to the firm’s corporate services team, adding to the wide range of employment and corporate law services already available.

“We can now, under one umbrella, provide a broader range of legal services to our clients, tailor made to the needs of individuals, small and family businesses, partnerships and large commercial companies,” says Paul. “Our aim is to provide for their entire needs, whether of a contentious or non-contentious nature.”

For further information please contact Paul Trincas on 01635 521212 or paul.trincas@clmlaw.co.uk

Rupert Wright - Corporate Services Specialist

Rupert Wright has joined the corporate services team at solicitors, Charles Lucas & Marshall.

A graduate of Oxford University, he initially trained as an accountant with Deloitte before joining a leading City practice where he acted for various blue-chip companies.

Rupert Wright has spent much of his professional life in Berkshire working for a range of companies from large plcs, including many household names, through to small businesses.

He will now work across Charles Lucas & Marshall’s four offices in Berkshire, Wiltshire and Oxfordshire, advising SMEs and larger organisations on issues such as MBOs, asset sales and associated contractual and commercial property work.

“Charles Lucas & Marshall has a very experienced commercial team but I would hope that my track record, particularly in areas such as IT and mergers and acquisitions will be useful for corporate clients,” said Rupert.

For further information please contact Rupert Wright on 01635 521212 or rupert.wright@clmlaw.co.uk