BR Mediation provides greater clarity for parties in dispute to make real progress
Disputes can become difficult for reasons that go well beyond the legal issues involved. Positions harden, communication deteriorates and very different perceptions of what has happened can become increasingly fixed. All too easily, the cost, risk and emotional burden of continuing can begin to obscure what each party actually needs.
I provide independent mediation services that create a structured and confidential process where parties can understand what is keeping them from making progress, explore what may be possible then make their own decisions about what happens next.
Jaimie Brown
CEDR Accredited Mediator | CMC Associate Mediator
You're in the driving seat
Litigation, adjudication and other formal processes may ultimately determine who is right and what should happen, while mediation does something different.
It’s never my position to decide the dispute, give advice or try to impose an outcome. My role is to hold a robust and impartial process in which each party has the opportunity to be heard, understand the issues more clearly, test assumptions and explore whether an agreement can be reached.
The decision whether to settle, and on what terms, remains with the parties. Nothing is decided until everything is decided. The ability to consider interests and outcomes beyond those available through a court is one of mediation's particular strengths.
Total confidentiality
Mediation provides an opportunity for parties to explore possible solutions without compromising their legal positions. The process is totally confidential and, in civil and commercial disputes, discussions aimed at settlement will ordinarily be protected by the without prejudice principle.
This generally means that offers, concessions and statements made during genuine settlement negotiations cannot subsequently be used against a party in court. These protections encourage open discussion, allowing parties to explore possibilities that they might otherwise be reluctant to consider.
Confidentiality and without prejudice protection are distinct, but neither is absolute. Their application, limitations and any relevant exceptions will always be addressed in the agreement to mediate. It’s also important to note that any existing evidence does not become privileged just because it is discussed during mediation.
My approach
Listen carefully, understand what matters, and challenge constructively
It is not the role of the mediator to be a messenger that simply coveys messages and offers between rooms. Before trying to help parties make progress with their, I want to understand it as best I can. This involves exploring how each party sees what has happened, what matters to them now, what assumptions are being made and what may be preventing them making progress.
That means using active listening skills developed over decades, asking relevant questions and, where appropriate, testing the way an issue or risk is being understood. Sometimes progress comes from a new proposal and sometimes it comes from seeing an existing problem from a different angle. Often, the most useful thing a mediator can provide is enough clarity for a party to make a decision they have previously been unable to make.
My role is to support that process without taking ownership of the decision. That means I am impartial and take no sides or have an interest in the outcome. I proactively ask questions, explore assumptions and help parties examine what may be possible for them. My background enables me to be commercially grounded and understand that disputes involve time, money, relationships, reputation and opportunity as well as legal rights. I also emphasise that any agreement belongs to the parties, not the mediator.
A unique professional background
The parties involved in a dispute will often already have excellent legal advisers, and my contribution is very different. My professional background spans over 30 years of commercial and organisational leadership, including sales, marketing, communication, reputation and complex organisational change across numerous cultures and companies.
Across those roles, the subject matter changed but many of the underlying disciplines did not, such as listening carefully, understanding competing interests, making sense of incomplete or conflicting information, asking difficult questions, managing sensitive relationships and helping people make decisions when there is no simple answer.
Mediation is where I now choose to apply those skills.
I understand the importance of the legal context in which a dispute sits, and will always properly prepare for it. But I also look beyond the legal positions to consider the commercial interests, relationships, perceptions, pressures and human factors that may ultimately determine whether settlement is possible.
Experience of people under pressure
Alongside my business career, I volunteer within the Family Court. This work is separate from my mediation work, but involves formal legal processes, confidential information, hearing competing accounts of events and sensitive disputes that can be highly emotionally charged.
This has reinforced disciplines that are equally important in mediation: impartiality, careful listening, respect for the process, exercising sound judgement and the ability to remain measured when those involved may be experiencing considerable pressure. I never forget that a dispute, in the end, is really all about people and not the law.
The types of dispute I work with
Civil and commercial
Disagreements involving contracts, services, money, performance, obligations or business relationships, particularly where the interests of the parties extend beyond the immediate legal dispute.
Workplace and organisational
Difficult working relationships, leadership or management tensions, communication breakdown and disputes arising during organisational change.
Business and partnership relationships
Situations in which people who own, lead or work within a business have become unable to resolve significant differences directly.
Disputes with wider commercial or reputational consequences
Where the legal issues form only part of the problem and relationships, customers, employees, reputation, timing or continuing commercial interests also matter.
Every dispute is different and an initial conversation can establish whether mediation is appropriate and whether I’m the right fit.
Working with lawyers and advisers
Legal advisers are often an important part of mediation. They help clients understand their legal position, assess risk, evaluate proposals and document any agreement reached.
My role is complementary as I will prepare for the mediation, understand the material provided and respect the legal framework in which the dispute sits.
My focus as mediator is on the process of helping the parties communicate effectively, examine what is driving the dispute and consider the choices available to them. Mediation should use the expertise already around the table rather than try to duplicate it.
Working within an organisation
For HR professionals and organisational leaders, disputes can present a different kind of challenge. A breakdown between two people rarely remains entirely between two people and can impact colleagues, management time, performance, trust and the wider working environment.
Mediation provides a confidential structure for those involved to address what has happened, understand one another's perspective and explore whether a workable way forward can be agreed.
It is not an investigation or disciplinary process and the mediator does not determine fault. Through experience, I understand both the personal dynamics of workplace disputes and the wider context in which employers are trying to resolve them.
What happens in the key stages of mediation
Mediation Fees
Clear fees, agreed in advance
Mediation should be proportionate to the dispute. I aim to provide clarity about costs from the outset, with fees and any additional expenses agreed before an appointment is confirmed.
CMC Fixed Fee Mediation Scheme
In addition, I participate in the Civil Mediation Council's Fixed Fee Mediation Scheme, which offers a published fee structure for civil and commercial disputes involving claims of up to £50,000.
The scheme's current fees are:
The format and practical arrangements will be agreed in advance. Shorter sessions are conducted remotely, while longer mediations may take place online or in person, depending on the circumstances.
Further information is available through the CMC Fixed Fee Mediation Scheme.
Other mediation appointments
For disputes outside the Fixed Fee Scheme, including workplace and more complex commercial matters, I normally propose a fixed fee based on the circumstances.
The quotation will take account of the nature and complexity of the dispute, the number of parties, preparation requirements, the anticipated duration and whether mediation takes place remotely or in person.
Any additional expenses or arrangements for extending the mediation will be discussed and agreed in advance.
Professional Standards
I am a Centre for Effective Dispute Resolution (CEDR) Accredited Mediator and CMC Associate Mediator.
BR Mediation maintains £1 million professional indemnity insurance through Briar Rose Ltd. My mediation practice is conducted with regard to the principles of competence, independence, impartiality, fairness and confidentiality, as set out in the European Code of Conduct for Mediators. The Code also makes clear that settlement must result from the parties' knowing and informed consent.
BR Mediation operates a published Complaints Handling Procedure consistent with the Civil Mediation Council's current complaints-handling standard.
BR Mediation is registered with the Information Commissioners Office (ICO) through Briar Rose Ltd. (number: ZC152780) and the Privacy Notice can be viewed here.
A note on the use of Artificial Intelligence
I selectively use AI for running my business to support research, explore ideas and improve the efficiency of routine tasks.
In anything related to mediation, AI plays no part in replacing my professional judgement, impartiality or responsibility for the process. Confidential mediation information is never shared with AI services.
About BR Mediation
BR Mediation is the dedicated mediation practice of Jaimie Brown and forms part of Briar Rose Ltd., which was established in 2017 around a simple idea that enabling greater clarity leads to real progress.
Over my career, I have applied that thinking to organisations, communication, change, reputation and leadership. BR Mediation now applies this learning specifically to dispute resolution.
While the setting might be different, the underlying discipline is not. I focus on understanding what is really happening, asking the questions that really matter, then create enough clarity for people to decide what they want to happen next.
BR Mediation is a trading style of Briar Rose Ltd., a company registered in England and Wales. Registered office: 71–75 Shelton Street • Covent Garden • London • WC2H 9JQ • United Kingdom
Company number: 10725792 • VAT number: 519-4578-58 • ICO registration: ZC152780
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