What happens if we reach agreement at a remote mediation?

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Produced in partnership with Chris Fitton of IPOS Mediation

Published on: 29 May 2020

The basis on which Mediations take place is usually contractual, and typically includes a provision to the effect that ‘any agreement reached at or following the mediation shall not be binding on the parties unless it is recorded in writing and signed by the parties and/or their authorised representatives;’ (IPOS Mediation agreement). As a result, once an agreement in principle has been reached following an in-person mediation, both sides’ lawyers usually share a laptop and start drafting, seeking to agree Settlement agreement wording. It is then printed off and each lawyer has their client sign the same (paper) copy. This usually takes place in a law firm setting, where late night printing is not a problem (printer access codes permitting!) both sides are physically present to sign. The fully signed version is then photocopied, and each side leaves with their own copy The original is usually retained by the claimant law firm, or whichever side has carriage of the Tomlin/consent Order if there are court proceedings.

Chris Fitton

Mediator, IPOS Mediation

Chris is one of the top 50 commercial mediators in the UK today and has been consistently recognised as such by the legal directories.��Chris spent��20 years as a��busy commercial disputes partner with national / international firms. He now mediates full time, mostly with large corporates, insurance companies, banks and pension providers.��He has mediated c200 mediations in the last five years, 50 of which were over £1m amount in dispute.

In 2018 Chris was included in the Legal 500 Hall of Fame for excellence as a mediator.

Chris was, until 2014, still active in private practice as a solicitor, where he had day-to-day dealings with mediators from the perspective of a client. This experience means that he is very aware of what solicitors and their clients want from the mediator, and actively responds to that.

Jurisdiction(s):

United Kingdom

Key definition:

Mediation definition

What does Mediation mean?

A form of alternative dispute resolution in which a mediator follows a structured process to facilitate an agreed settlement between parties to a dispute.

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