The other day I attended my first costs mediation concerning mediating costs of detailed assessment proceedings (ie not the costs of the substantive claim but the costs of the costs – claimed at close to £500,000).
I’m not a great fan of the concept of mediation.
Mediators like to talk about achieving a win-win outcome but the reality is that if both parties settle by moving from their primary position they have both lost. It is a lose-lose outcome. Surely it’s much better to expensively litigate all the way in the hope that there is one true winner.
More importantly, if the mediation succeeds I feel sorry for the poor hard-working Costs Lawyer who looses three lucrative days in court plus preparation time. And think of poor Master Campbell who gets deprived of listening to my dulcet tones for three thrilling days. He’d be gutted.
Mediation successful. Hearing vacated.
Don’t go to mediator Phil Hesketh unless you want a similar bad experience.