Mediation
What is mediation?
Mediation is probably the most widely recognised form of ADR. A trained mediator will guide parties in a dispute to an amicable settlement without the need to go to court. The mediator will not impose a settlement on the parties and will not judge the merits of the case. The aim is to help the parties reach an agreement.
Mediation differs from nearly every other form of dispute resolution because it is non-confrontational. There does not have to be a winner and a loser – both parties can end up as winners because the mediator can help them come to an agreement where they both get some benefit. Unlike litigation or arbitration, the process is not adversarial. It is not necessary to prove that one party is at fault.
The most difficult part of the mediation process is to get people to accept that mediation can be an effective way to resolve their dispute. Most disputes tend to be very personal and some people want their day in court, whatever the cost. Although it may be very natural to want to prove the other party is wrong, the cost of going to court can be prohibitive. Mediation is a much more positive way of finding common ground on which parties can agree and finding the best resolution for both parties.
How does mediation work?
Once both parties have agreed to mediation, the mediator will talk to both parties separately. The mediator will not disclose any information to the other side without permission. The mediator will work towards guiding the parties to a settlement which can then be set down in the form of a binding agreement. Until that time is reached either party can withdrawn from the process.
Many disputes which are settled by mediation can be settled in a day. Imagine how much time and money this will save compared with a protracted dispute through the court.
How are mediators appointed?
It is possible for the parties to agree a mediator. Although it is not essential that the mediator is expert in the subject matter of dispute, sometimes the parties are happier if the mediator is familiar with the subject matter of the dispute. Use our website to choose a suitable mediator. Choose a mediator
If the parties can not agree on who the mediator should be, they could ask one of the appointing bodies such as CEDR, CIArb, ADR Group or RICS to make an appointment. Most appointing bodies will charge an administration fee to appoint a mediator. See links
How much will mediation cost?
There are no set costs and the fee scale can be negotiated with the mediator. Normally the parties to a mediation will pay half the mediators fees and pay their own costs.
What are the advantages of mediation?
1) Disputes can be resolved quickly – sometimes in a day
2) Mediation is not an adversarial process and there does not have to be a ‘winner’ or ‘loser’
3) Perfect where there is an on-going business relationship which the parties wish to maintain
4) Details of the settlement are confidential to the parties
5) Mediation is significantly less expensive than litigation
6) A voluntary process – either party can withdraw at any time
7) Nothing is binding until an agreement is reached. This can then be drawn up as a binding contract.
Need more information?
Use our choose a mediator to discuss the benefits of mediation with one of the mediators listed.