What is mediation?

Mediation is a  process in which parties in dispute are assisted in finding their own, mutually acceptable solution by a neutral third party - the Mediator.

How quickly can it be set up?

Very quickly - within a week if needs be - depending on availability. Certainly more quickly than a court or arbitration hearing which both follow a lengthy procedure.

Is mediation legally binding?

The process is voluntary, confidential and non-binding, until a settlement is reached. On settlement, an agreement is signed by all parties and this is legally binding.

What if I don’t want to mediate?

Mediation is voluntary. You cannot be compelled to mediate but, increasingly the courts encourage parties to mediate and an unreasonable refusal to do so could lead to a costs order against you even if you succeed in your claim.

What does the mediator do?

 The mediator is a facilitator. He/she is impartial and so will not tell the parties what to do or give an opinion on the case. He/she will encourage the parties to work together to find fresh ways to resolve their differences.

What are the chances of success?

The 9th CEDR Mediation Audit Report published in May 2021 suggests that as many as 72% of mediations settle on the day and a further 21% settle shortly afterwards, a total of 93%.

What will it cost?

The cost will vary according to the amount at issue, the complexity of the matter and whether it is a full day or half day mediation.

For details of my fees click here.

What happens if we don’t settle?

You can continue to negotiate or arrange a further mediation to seek to resolve the outstanding issues. Otherwise the dispute continues either through litigation or arbitration as though the mediation had never taken place. Neither party can use in evidence in any proceedings any statement made during the course of the mediation.