What Is Mediation?

Mediation

Mediation is the intervention by an independent third party to seek to facilitate settlement of a dispute by the mutual agreement of the parties. The mediator does not impose a decision on the parties.

Preparing for Mediation

If you are preparing for a mediation take a look at our guide. It outlines the key areas to consider beforehand, including useful charts for you to complete.

Appointing a Mediator

If you are interested in appointing one of our mediators either telephone, email, or complete the enquiry box below and we will get back to you the same day  .

Once you have provided initial details, we will then provide you with details of our mediators who are available to mediate within your indicated required dates, each at a fixed price for a standard full or half working day.

Once you have consulted with the other party and made your choice, your details will be passed to our panel mediator, who will then make direct contact with you and the other party to discuss precise arrangements for the mediation. This is likely to include confirmation of the venue and timings, together with agreement on the provision of a mediation bundle, exchange of any Position Statements, and agreement on a time for a pre-mediation telephone call.

If you have already selected your mediator from our panel, let us know and we will set up the mediation for you.

We would be delighted to help.

How does Mediation work?

The content of discussions at the mediation are confidential and cannot be disclosed outside the mediation process. Also, discussions between the mediator and a party in private session remain confidential to them and will not be disclosed to the other party without their consent.

The content of discussions at mediation are mostly ‘without prejudice’ to any proposed or ongoing court proceedings, which means that they cannot usually subsequently be disclosed. This allows a full and frank discussion of issues and possible solutions.

The mediation meeting is conducted as flexibly as possible, so as to provide the most effective way of trying to resolve the dispute. The solutions open to parties to resolve the dispute are also flexible, usually significantly more so than remedies available through the Courts or at arbitration.

The parties attend mediation voluntarily, though can be encouraged to consider mediation by the Court.

If an agreement is reached a binding agreement will be drawn up and signed on the day.

Research shows that around 85% of disputes settle at or shortly after mediation

Mediation can be set up quickly, and can take place within a matter of days or weeks. It can take place before court proceedings have been issued.

Mediation generally gives the parties a better chance to move on and preserve relationships, and possibly continue trading where relevant, than court proceedings.

Mediation may not be able to resolve what has happened in the past, but it can certainly resolve what happens in the future, and enables parties to move on and put the dispute behind them.