Civil & Commercial Mediations

Adrian has been a Member of the Academy of Experts since 1999 and a Fellow of the Chartered Institute of Arbitrators since 2000. He has undertaken extensive postgraduate studies in Alternative Dispute Resolution, Real Estate and Built Environment Law, is a Fellow of the Higher Education Academy and an author for RICS ISURV in the field of Mediation.

Adrian was appointed to the Panel of the RICS Neighbour Dispute Services in 2008 which is a new initiative providing independent expert and mediation services.

Adrian has undertaken training with the London School of Mediation and ACAS achieving CMC accredited mediator status in 2014, is registered with the Civil Mediation Council (CMC) and a Certified Mediator on the National Mediator Database operated by Clerksroom.

Adrian is on the Panel of the Association of Northern Mediators and has been a board member since 2016 in addition to being on the mediator panels at Clerksroom, Kearns and Sheffield Hallam University. Adrian is also an Associate Mediator at Community Accord a SEND mediator provider.

Adrian is happy to conduct the full range of Civil, Commercial, Workplace and SEND Mediations.

Services Offered: Please click on any heading to reveal full details.

  • Mediation

    Mediation as used in law is a form of alternative dispute resolution (ADR). 
    This is a way of resolving disputes between two or more parties. A third party, the mediator assists the parties to negotiate their own settlement. 
    Mediation has a structure, timetable and dynamics that “ordinary” negotiation lacks. The process is without prejudice*, private and confidential. The presence of a mediator is the key distinguishing feature of the process. 
    Mediators use various techniques to open, or improve dialogue between disputants, aiming to help the parties reach an agreement (with concrete effects) on the disputed matter. The mediator must be wholly impartial and independent. 
    Mediation is an effective way of resolving
    disputes without the need to go to court.
    A court is not the only mechanism for resolving disputes. Mediation is an alternative. It allows the parties to the dispute, assisted by a trained mediator, to seek an
    outcome for themselves. The obvious advantages are speed, economy and certainty but there are many other possible advantages, for example, rebuilding or preserving relationships. You may be able to explore the issues that go beyond those a court could consider. You may be able to devise solutions which include elements a court could not or would not apply. You may be able to reach a solution that you can live with even if it is not your ideal solution.
    A court is simply a mechanism for resolving disputes. It is a highly structured system where the judge will hear the evidence, apply the law and reach a decision based on the application of strict legal principles to that evidence.
    A court will only answer the specific questions posed in the litigation. It is frequently an expensive, time consuming, stressful and uncertain process. It involves placing your problem in the hands of an unknown outsider. You lose control of the outcome. You are likely to become focussed on the process, on providing evidence to try to influence the judge in your favour instead of applying your energies to the resolution of the dispute itself.
    Court proceedings may have other unwanted or unforeseen consequences. Any personal, trade or professional relationship that is under strain as a result of the dispute,
    is likely to be made worse or destroyed entirely by the time a decision is achieved. Ultimately, the decision may go against you, or worse still, the judge may reach a decision that suits neither party.
    A failing party at court may end up paying their own costs, the other parties costs in addition to any amout decided by the judge. This can be on its own a very powerful reason to mediate.


    Mediation as used in law is a form of alternative dispute resolution (ADR). 
    This is a way of resolving disputes between two or more parties. A third party, the mediator assists the parties to negotiate their own settlement.

    Mediation has a structure, timetable and dynamics that “ordinary” negotiation lacks. The process is without prejudice*, private and confidential. The presence of a mediator is the key distinguishing feature of the process. 

    Mediators use various techniques to open, or improve dialogue between disputants, aiming to help the parties reach an agreement (with concrete effects) on the disputed matter. The mediator must be wholly impartial and independent.

    *Without any loss or waiver of rights or privileges

    Mediation is an effective way of resolving disputes without the need to go to court.
    A court is not the only mechanism for resolving disputes. Mediation is an alternative. It allows the parties to the dispute, assisted by a trained mediator, to seek an outcome for themselves. The obvious advantages are speed, economy and certainty but there are many other possible advantages, for example, rebuilding or preserving relationships. You may be able to explore the issues that go beyond those a court could consider. You may be able to devise solutions which include elements a court could not or would not apply. You may be able to reach a solution that you can live with even if it is not your ideal solution.

    A court is simply a mechanism for resolving disputes. It is a highly structured system where the judge will hear the evidence, apply the law and reach a decision based on the application of strict legal principles to that evidence.

    A court will only answer the specific questions posed in the litigation. It is frequently an expensive, time consuming, stressful and uncertain process. It involves placing your problem in the hands of an unknown outsider. You lose control of the outcome. You are likely to become focussed on the process, on providing evidence to try to influence the judge in your favour instead of applying your energies to the resolution of the dispute itself.

    Court proceedings may have other unwanted or unforeseen consequences. Any personal, trade or professional relationship that is under strain as a result of the dispute is likely to be made worse or destroyed entirely by the time a decision is achieved. Ultimately, the decision may go against you, or worse still, the judge may reach a decision that suits neither party.

    A failing party at court may end up paying their own costs, the other parties costs in addition to any amount decided by the judge. This can be on its own a very powerful reason to mediate.

  • FAQ

    When should I mediate?
    At any time you wish, irrespective of whether or not proceedings have been issued at court or at what stage the dispute or court proceedings may have reached.

    Is offering to mediate a sign of weakness?
    No - there is nothing to lose by offering to mediate even if you believe you have a strong case. Few lawyers would advise their clients that they are bound to win a court case.

    Are mediators insured?
    Yes - all Clerksroom mediators are insured.

    Are mediators trained?
    The mediator will be fully trained and accredited with current Civil Mediation Council standards.

    Will I have to do anything I do not want to do?
    No - the process of mediation is totally voluntary.

    Who pays for the mediation?
    Usually all sides of the dispute pay the mediation fee in equal proportions and it is normally paid in advance of the mediation.

    Do I pay if the dispute does not settle?
    Yes - the fee is paid for the mediator to facilitate the mediation regardless of the outcome. However, the majority of cases do settle though there can be no guarantee of success.

    Who decides the outcome of the mediation?
    The mediator does not decide the outcome - the decision-making is left entirely to the parties involved. The mediator's role is to help the parties strike a deal which they are all happy with.

    Can I leave a mediation?
    Yes - at any time, although most mediators will ask you to give them a few minutes before you do so.

    Does the mediator meet with the parties before the mediation?
    Generally no - the first time the parties usually meet with the mediator will be on the day.

    Will the mediator offer legal advice?
    No - if you feel that you may need legal advice you should make your own arrangements beforehand. The mediator is an independent third party and must remain impartial and neutral and whilst you may have candid discussions with the mediator, no advice will be given. 

    Can I have a lawyer present?
    Yes - if you wish. You may feel that your dispute is rather complex and that you would prefer legal advice throughout the mediation bearing in mind that the mediator cannot give any legal advice to the parties.

    What happens if there is no agreement at the end of a mediation?
    Mediation is not suitable for every case but it can still help to settle some of the issues in a dispute. All discussions during the mediation process are "without prejudice" - in other words, anything said in the mediation cannot be used later in court or another legal action.

    Can I recover the costs of mediation in a court case?
    Most judges will award the winning party the costs of litigation and if there has been a mediation it can be argued that the costs may be recoverable. Please note though, the cost rules are complicated and you should seek legal advice if you have any queries or concerns about this issue.

    What is the court's attitude towards mediation?
    Courts encourage the use of mediation wherever appropriate and in certain cases can order some costs to be paid if a party has unreasonably refused to participate in mediation.

    What is the Civil Mediation Council?
    The Civil Mediation Council is an association of academics, professionals and providers in the field of mediation. The organisation encourages mediation as a way to settle your dispute. It also gives advice and guidance to the organisations that offer mediation.

    How long does it take to organise a mediation?
    This is normally down to the parties and how quickly they wish to proceed.

    Will I need to send anything to the mediator?
    Once a date has been agreed, the confirmation letter will provide more information about this. It is suggested that you bring sufficient copies of documents, photographs and/or any other relevant items along to the mediation should you wish to use them as part of your discussions.

    Can I bring someone with me to the mediation?
    This is entirely up to you. Out of courtesy, please inform the mediator and the other parties who will be attending with you.

    What is a stay?
    If court proceedings have been issued in relation to a dispute that the parties wish to mediate, the court must be contacted and an application will need to be made to the judge to stay the proceedings. The order of stay basically puts the proceedings on hold for a specified period of time to allow the parties to reach settlement outside the court process. 

  • Mediator Profile

    General Information
    Adrian has over 30 years post qualification experience as a Chartered Surveyor, as prinicpal and MD of a private practice in West Yorkshire. Adrian achieved Fellowship of the Royal Institution of Chartered Surveyors in 1991 (age 31) and is also a Fellow of the Chartered Institute of Arbitrators, the Chartered Association of Building Engineers and has been a Practising Member of the Academy of Experts since 1999.

    Adrian currently specialises in building surveying, landlord & tenant, planning & development, party wall procedures and boundary disputes. Adrian has been instructed as an expert witness in these specialisms under the CPR on over 100 occasions since 1999.

    Adrian has been a part time, senior academic at Sheffield Hallam University (SHU) since 2003 delivering teaching on the RICS approved real estate degree programmes including modules on building pathology, professional practice and ADR. Adrian is a Fellow of the Higher Education Academy.

    As a long term business owner and employer, Adrian is aptly placed to handle business and workplace mediations in addition to those related to his property based specialisms.

    Adrian completed Civil and Commercial Mediation Training with London School of Mediation (LSM) in 2014, is a fully accredited and certified mediator and is registered with the CMC. He completed Workplace Mediation Training with ACAS in 2015 and is on the register of workplace mediators at SHU. Adrian is an Associate Mediator at Community Accord and undertakes SEND Mediations throughout the North of England. Adrian also offers his services voluntarily as a community mediator with Yorkshire Mediation undertaking both neighbour and workplace mediations. Adrian is a Panel Mediator with the Association of Northern Mediators and has been a board member since 2016.

    As a seasonal professional, Adrian has represented clients from all walks of life and negotiated on a wide variety of property related matters. Adrian brings this wealth of experience to mediation where he applies his logical and analytical approach together with good listening and interpersonal skills in an independent and impartial manner. This ensures that all parties needs and interests are fully understood and enables negotiations to be facilitated in a calm and relaxed environment. Adrian is however quite prepared if necessary to take a pragmatic approach or play "devils advocate" to reality test the parties positions in order to assist them in finding a resolution to their differences.

    Although based in West Yorkshire, Adrian is flexible and prepared to travel around the North of England, given suitable notice.

    Academic & Professional Qualifications

    • BSc, PGDipArb, PGDipLaw, MA, CertMed
    • FRICS, FCABE, C.Build.E, FCIArb, MAE, FHEA
    • Adrian has undertaken extensive post-graduate studies in the areas of real estate, law & ADR since qualifying as a Chartered Surveyor in 1986.
    • Chartered Surveyor. Chartered Building Engineer. Accredited Independent Expert (Academy of Experts). Accredited Mediator (London School of Mediation/CMC/ANM). 

    Mediation Specialisations

    • Property, Land & Construction Disputes
    • Surveys (Residential & Commercial)
    • Landlord & Tenant (Residential & Commercial)
    • Agency
    • Planning & Development
    • Professional Negligence (Surveyors & Valuers)
    • Workplace & Employment Disputes
    • SEND (Special Educational Needs & Disability)
  • Fees & Booking


    People who need the services of a Mediator want experience, ability (see Mediator Profile above), availability and affordability.

    Adrian’s fees are based on costed time and INCLUDE all preparation/reading time plus reasonable disbursements. It is normal for participants to provide the venue, however, Adrian is able to cater for small Mediations at modest cost and is perfectly happy to make suggestions if required for suitable venues.  There are NO HIDDEN EXTRAS and NO VAT.

    MEDIATION OPTION DURATION COST
    Telephone Mediation 1hr £100 per participant
    Telephone Mediation 2hrs £150 per participant
    Face to Face Mediation ½ day (4hrs) £275 per participant
    Face to Face Mediation     Full day (8hrs)     £475 per participant

    Other options are available on request by negotiation.

    Adrian’s fees are payable in advance, however Adrian would be happy to discuss short notice bookings.

    Additional time (over the time booked) is chargeable at £150 per hour and is entirely optional.

    Adrian is always happy to discuss Mediation in the context of resolving any form of dispute. Please do not hesitate to contact Adrian by email or telephone if you have any queries.

  • RICS Dispute Resolution Service

     

    Mediation is a form of ADR that gives parties
    control over how a dispute is resolved.
    It’s a quick, inexpensive, informal and confidential process
    that gives disputing parties an opportunity to work towards
    a solution that’s acceptable to all those involved.
    Professional mediation is led by an impartial,
    specially trained expert with the skills to guide
    the parties involved towards a successful outcome.
    In this brochure you will find:
    • an introduction to the concept of mediation
    • examples of how mediation can work to help resolve property and construction disputes
    • details of how to refer a dispute to mediation through the RICS Dispute Resolution Service

    Mediation is a form of ADR that gives parties control over how a dispute is resolved.
    It’s a quick, inexpensive, informal and confidential process that gives disputing parties an opportunity to work towards a solution that’s acceptable to all those involved.

    Professional mediation is led by an impartial, specially trained expert with the skills to guide the parties involved towards a successful outcome.

    In this section you will find:
    • an introduction to the concept of mediation
    • examples of how mediation can work to help resolve property and construction disputes
    • details of how to refer a dispute to mediation through the RICS Dispute Resolution Service.

    What is mediation?
    Mediation is the name given to a confidential process whereby parties to a dispute invite an impartial, third party to facilitate negotiations between them with a view to achieving a resolution of their dispute.

    I can negotiate: why should I mediate?
    If negotiation leads naturally to a conclusion that is acceptable to all parties, there is no need to mediate. However, negotiations sometimes end in deadlock. A mediation session can break that deadlock.

    Why should mediation work where negotiation has failed?
    Firstly, negotiation tends to be confrontational. The parties perceive themselves to be opponents and each wants to ‘win’. However, a mediator will try to shift the dynamics of the negotiations away from positional bargaining towards principled negotiation, where the parties view each other as collaborators in a problem-solving exercise.

    In a mediation the parties are not ‘eyeball to eyeball’ across a table – rather they negotiate through a mediator who helps to introduce objectivity.

    Just as importantly, discussions with a mediator are held in private. The parties involved are able to share confidences with him/her, benefiting from the freedom to speak frankly about their true interests.

    Such openness affords the mediator a unique overview of the dispute and can help him/her identify ways in which the parties can satisfy their needs. Through questioning techniques and by suggesting options for consideration, the mediator can gradually help the parties to devise an agreement that will help to resolve their dispute.

    Surely agreeing to mediate is a sign of weakness?
    Agreeing to mediate should not be seen as a sign of either weakness or strength – it is purely common sense. Simply, the message is “let’s talk and see if we can resolve this dispute in a way that satisfies our respective needs; avoiding the delay, expense and hassle associated with traditional methods such as litigation and arbitration.”

    The parties to a mediation have nothing to lose. The process is conducted on a ‘without prejudice’ basis and, if at any time, any of the parties involved feel unhappy with the direction the mediation is taking, they are free to leave the process. Should mediation fail, the participants can still choose to turn/return to litigation or arbitration. The preparation that they and their advisers have done for the mediation will still be useful.

    I have heard that mediation is non-binding – so what’s the point of it?
    This is a common misconception. It’s true that mediation is non-binding in the sense that entering into the process is voluntary, it involves no commitment to settle and the mediator has no power to impose a solution. However, when a mediated agreement is reached, the parties then sign the written agreement with the intention that it becomes a legally binding contract.

    Do I need a professional adviser?
    No – representing yourself is an option, although the experience of the organisations providing mediation services is that most parties do employ a professional adviser, for example, a chartered surveyor and/or solicitor or barrister.

    Does mediation work and if so, why?
    It is estimated that the mediation success rate exceeds 70%.
    Mediation works because, unlike traditional methods, it provides an opportunity for the parties to work together constructively towards a settlement. It also offers the chance to bring to a discussion elements that lie outside the original dispute but that can frequently lead to a resolution where both parties will gain from an agreement. A further benefit is that mediation can be conducted on a confidential basis, away from the glare of publicity.

    What cases are suitable for mediation?
    Any dispute is suitable for mediation provided the parties to the dispute are willing to try. Some cases are more suitable than others. Experience shows that multi-party disputes are particularly suitable for mediation, perhaps because they are often complex and the cost of sorting them out through more traditional techniques can be very high. The process is also especially well suited to disputes that have a long-term relationship to protect.

    Examples of land, property or construction related issues which may be suitable for mediation include:

    • Valuation, including rent reviews (especially where other issues may be involved)
    • Building works
    • Commercial landlord and tenant rights and obligations (e.g. dilapidations, service charges etc)
    • Joint ventures and development agreements
    • Disputes over residential leasehold obligations and restrictive covenants on title including contractor/employer and contractor/sub contractor relationships
    • Disputes concerning professional fees or other aspects of professional appointments
    • Professional negligence claims
    • Partnership disputes
    • Land boundary and other ‘neighbour’ disputes
    • Local authority housing
    • Disputes involving public bodies and national utilities such as compensation for compulsory purchase.


    These are only a few examples and, in practice, almost all disputes are suited to mediation. Even some international and cross-border disputes have been found to be appropriate cases for mediation.

    Mediation and the planning process
    Today, mediation is often used when disputes arise during the planning process.

    It can be helpful in a wide range of matters both simple and complex e.g. neighbourhood planning, development management, negotiations on financial obligations and enforcement. However, using mediation does not remove the need to follow the statutory code; nor is it intended to avoid transparent lawful decision-making or to negate the role of committees in determining planning applications.

    Mediation can be designed to ensure that the important representational and decision-making roles of elected councillors are fully respected. It is compatible with the democratic planning process because it does not bind the decision-maker unless he/she/they are party to the mediation. Mediation can also be structured to take in third party interests such as neighbours and other interested parties or to include confidential exploration of individuals’ positions without infringing public law/third party rights.

    The process provides an opportunity for participants to discuss issues and resolve problems in a structured and non-confrontational atmosphere.

    Just as importantly, mediation can be cost-effective – the additional cost, primarily the mediator’s time, is paid for as agreed between the participants, either by one of the participants, or split.

    Mediation offers participants a real opportunity to save significant time and money, especially where appeals can be avoided.

    Extracted from: Mediation in Planning, a Short Guide by the National Planning Forum