mediated Telephone Discussions

Face to face mediations are not always possible. Trust Mediation recognises this fact and offers an alternative service – mediated Telephone Discussions (mTD). Trust Mediation will appoint a fully trained experienced Mediator from its panel of specialist personal injury Mediators to assist with the settlement of your case. The simple procedure is set out below. A mTD can be arranged at short notice.
For further information call the Trust Registrar on 0207 353 3237.

The Defendant offers mediation*

Once the Defendant considers a case is suitable for an mTD it will propose this to the Claimant and send them a case summary form together with details of the scheme.

*This outline anticipates that it will be the Defendant who offers mediation. TM are happy for either party to make the initial offer.

Mediation proposal is accepted

If the Claimant agrees to a mTD they inform the Defendant and return the completed Claimant’s Case Summary Form and the signed mTD Agreement and any key documents they want the Mediator to see.

Case referred to Trust Mediation

The Defendant now sends the papers to the Trust Mediation Registrar who refers the matter to a panel Mediator.

Mediation date fixed

The Mediator will liaise with the parties and arrange a mutually convenient time and date for the mediation to proceed.

The Mediation

The mTD takes place over the allotted time – usually two hours.
The Mediator will call one party and then the next repeating this process until settlement has been reached or time has expired.
All conversations between the Mediator and the respective parties are confidential and the whole process is without prejudice.

Agreement

Any agreement that is reached will be only become binding when it has been reduced to writing and signed on behalf of each party. The parties will have responsibility for drafting, signing and filing an appropriate agreement/Tomlin Order/Consent Judgment as required. This will conclude the process.

No Agreement

If no agreement is reached the Mediator can offer a further session if he/she is of the opinion that it would be likely to result in settlement. If that is not the case or the parties do not wish to have a further session the mediation will be concluded and the Mediator will certify by email that no agreement was reached.