Kearns Solicitors, based in Caerphilly, Wales have set up what is now a UK wide panel of mediators-Kearns Mediation.

I am delighted to have been appointed to provide the Scottish representation on their panel, meaning that Kearns are now able to provide a pan-British Isles mediation service, covering all regions of England, Northern Ireland, Scotland and Wales.

Joanne Deveney is the Managing Solicitor of Kearns Solicitors and heads up Kearns Mediation.  She encourages parties in dispute to mediate as an alternative to court disputes and advises that such dispute resolution mechanisms can be a far more humane, cost-effective and efficient means of achieving resolution.

Kearns’ mediators specialise in a wide range of legal disciplines and are all experienced in their fields.

As a mediator, and having been a litigation solicitor for 26 years, I cover all areas of commercial mediation. In particular I have experience in the mediation of all kinds of business disputes, workplace disputes, personal injury disputes and education law disputes. I am also a lead mediator for the University of Strathclyde Mediation Clinic (USMC) and provide pro bono mediation services to a pilot scheme which covers sheriff courts in central Scotland, including Glasgow, Paisley and Falkirk. I have a Master’s degree in Mediation, Negotiation and Conflict Resolution. I run my own firm, MNCRS (Mediation, Negotiation and Conflict Resolution Services) www.mncrs.co.uk  and I write extensively about mediation on my blog www.PaulKirkwoodmediator.co.uk.

I am especially pleased that Kearns Mediation adheres to the European Code of Conduct for Mediators. This requires amongst other things that mediators should have and be able to demonstrate proper training and continual professional development as mediators. It requires that mediators should provide information to parties on request re their own background and competence in the area to be mediated. It requires transparent disclosure of fees to be charged (per the terms of the Kearns Mediation table of fees). It requires that mediators must be independent and decline to mediate if their independence is in doubt. They must declare any potential conflict of interest or knowledge of any of the parties to the mediation. It requires that the mediator must provide an impartial service. It requires the mediator to explain procedure, deal appropriately with power imbalances and where appropriate hear parties in private caucus/meetings. It also requires mediators to ensure that the process that is followed is fair and allows all parties to be heard. It provides that mediators must refuse to allow an agreement that would be either illegal or unenforceable. Finally, the code provides that mediators must maintain the confidentiality of parties at all times unless otherwise directed to by those parties.

Mediators who join Kearns mediation panel go through a strict vetting procedure to ensure their suitability for joining the panel and that they do have appropriate training and CPD. If you instruct a mediator through this panel you can be assured of their quality and professionalism.

It is demonstrably a good thing to have a pan British Isles mediation service and demonstrates commitment by people who are both lawyers and mediators to ensuring that people and business entities have a better, more productive and cost-effective dispute resolution experience. I am very happy to commend Kearns Mediation to anyone seeking a Mediation service.

Posted by Paul Kirkwood, a Commercial Mediator who has also practised as a litigation solicitor for 24 years. He is a director of MNCRS Mediation, Negotiation and Conflict Resolution Services.