Lines open 8:30am - 6:00pm mon - fri
Lines open 8:30am - 6:00pm mon - fri
Mediation is an effective way of resolving disputes without the need to go to court. It involves an independent third party - a mediator - who helps both sides come to an agreement.
Mediation is a flexible process that can be used to settle disputes in a whole range of situations such as:
Mediation is a voluntary process and will only take place if both parties agree. It is a confidential process where the terms of discussion are not disclosed to any party outside the mediation hearing.
If parties are unable to reach agreement, they can still go to court. The details of what went on in the mediation will not be disclosed or used at a court hearing.
Both parties share the cost of mediation, which will depend on the value and complexity of the claim.
Mediation can be quicker, less stressful and cheaper than going to court.
The outcome of mediation can often include an apology, an explanation, or something that a court could not order. Once a settlement has been reached a mediation agreement can be drawn up.
People often want to mediate where:
Also, Mediation:
The Helpline has been set up to provide information to the public, to businesses and lawyers and to the courts about mediation and mediators. It is an important part of the Ministry of Justice vision for civil justice that disputes should where possible be resolved without the need for parties to go to court, and the Helpline is one way of promoting this aim.
The National Mediation Helpline has been set up by the Ministry of Justice in conjunction with the Civil Mediation Council (CMC) to provide members of the public with a simple, low cost method of resolving a wide range of civil disputes. The Helpline explains the basic principles of mediation, answers general enquiries relating to mediation and puts parties in contact with a mediation organisation. The organisation then assigns a local, professional and experienced mediator if required.
The NMH advisers are not legally trained and cannot offer any legal advice or legal help. Where mediation is not suitable, the advisers will assist you in putting you in contact with other relevant advice agencies.
No - calls to the Helpline are charged at local rates, and if you decide to use a mediator you will have to pay the costs of the mediation, which are usually shared equally with the other side.
Please see our Costs section of this website for more information.
The Helpline is attended between the hours of 8:30am and 6pm, Monday to Friday with the exception of Public Holidays.
You can consider using mediation at any stage - even before entering the court process. If the dispute is already subject to court proceedings, and if both parties wish to mediate, the court should be informed and an order staying the action for mediation may be issued. If you would like more information about staying an action for mediation you should contact your solicitor or the court at which the action is proceeding.
Mediation can help. Whether you are already involved in a court action, or thinking about making a claim, you should consider mediation. It may help you to settle your dispute quicker and with fewer costs.
No - the mediation process is entirely voluntary, however, if the dispute is or will be subject to future Court proceedings, you could be subject to an increased cost order if the Court finds that you refused an offer to mediate at an earlier stage.
No - there is nothing to lose by offering to mediate even if you believe you have a strong case. Few lawyers would advise their clients that they are bound to win a Court case.
The role of the mediator is to help parties reach a solution to their problem and to arrive at an outcome that both parties are happy to accept. The mediator remains neutral throughout the process. The focus of a mediation meeting is to reach a common sense settlement agreeable to both parties in a case.
The National Mediation Helpline Mediators are all members of the accredited mediation provider organisations listed on the Mediation Providers page. They come from many different backgrounds and are all trained and experienced in helping people settle their disputes. The mediator need not be legally qualified, though many are.
Yes - the mediation providers supporting this scheme will only refer you to a mediator who is insured.
The mediation organisations with whom this Helpline works will only refer you to a trained and accredited mediator - they believe that it is important for there to be a high level of expertise and knowledge to be effective as a mediator.
No - the process of mediation is totally voluntary
If you select a mediator through the Helpline there is a standard scale of costs. Please see the costs section of this website to find out much it will cost each party.
If you are on a low income or in receipt of a means-tested benefit, you may be eligible for a free mediation. Please inform the Helpline adviser of this request. They will be able to direct you to LawWorks Mediation, who will deal with your request. Please note that you will be required to prove your financial status.
Usually, the cost of mediation is shared equally between the parties and it is normally paid in advance of the mediation.
Yes - the fee is paid for the mediator to facilitate the mediation, regardless of the outcome. However, the majority of cases do settle, though there can be no guarantee of success.
The parties decide the outcome of the mediation. The role of the mediator is to help parties reach a solution to their problem and to arrive at an outcome that both parties are happy to accept.
Yes - you will firstly need to speak with a Helpline adviser or complete the online enquiry form . You will be asked a series of questions to ascertain how appropriate your dispute is for mediation. Once this information has been obtained, the National Mediation Helpline adviser will refer your request to one of the accredited mediation providers local to you. They in turn will contact you and discuss the process involved and try to arrange a mutually agreeable date for mediation.
No - if you feel that you may need legal advice you should make your own arrangements before hand. The mediator is an independent third party and must remain impartial and neutral, and whilst you may have candid discussions with the mediator, no advice will be given.
Yes - if you wish. You may feel that your dispute is rather complex and that you would prefer legal advice throughout the mediation, bearing in mind that the mediator cannot give any legal advice to the parties. In addition to the mediation fee, you are responsible for paying your own legal costs too.
Please note though that a number of parties choose not to bring legal representation to the mediation and still manage to resolve most if not all of their dispute on the day.
Yes - at any time, although most mediators will ask you to give them few minutes before you do so.
Mediation is not suitable for every case, but it can still help to settle some of the issues in a dispute. All discussions during the mediation process are 'without prejudice' - in other words, anything said in the mediation cannot be used later in court or another legal action.
Most judges will award the winning party the costs of litigation and if there has been a mediation then the costs will usually be recoverable. Please note though that cost rules are complicated and you should seek legal advice if you have any queries or concerns about this issue.
Courts encourage the use of mediation wherever appropriate and in certain cases can order some costs to be paid if a party has unreasonably refused to participate in mediation.
The Civil Mediation Council (CMC) is an association of academics, professions and providers in the field of civil mediation. The organisation encourages mediation as a way to settling disputes. It also gives advice and guidance to the organisations that offer mediation. For more information on the CMC, please visit their website at: www.civilmediation.org.
If you are looking for a solicitor then we suggest that you contact your local Law Society. The number will be in the phone book, or use the Community Legal Service Directory . If you need a barrister, the Bar Council may be able to help.
In the unlikely event that you have cause to complain about any of the above please refer to our Complaints Procedure in the section of this website.
This is normally down to the parties. Once the Helpline adviser passes on your details to an accredited mediation organisation, the organisation will contact the parties to discuss the mediation process and agree a suitable time and venue.
The Mediator will inform you if they require any documents in advance of the mediation.
It is suggested though that you bring sufficient copies of documents, photographs and/or any other relevant items to the mediation, should you wish to use them as part of your discussions.
No - the mediator will conduct all discussions via telephone prior to the mediation. The first time parties meet the Mediator will be on the day of the Mediation.
Since the Helpline's launch in November 2004, it has achieved an average settlement rate of 66%.
This is entirely up to you but we would recommend that you discuss this with your appointed mediator in advance.
If Court proceedings have been issued in relation to a dispute that the parties wish to Mediate, the Court must be contacted and an application will need to be made to the judge to stay the proceedings.
If approved, the order to stay basically puts the proceedings on hold for a specified period of time to allow the parties to reach a settlement outside of the Court process.
The Small Claims Mediation Service is a free service set up to help court users who already have an ongoing small claims case in the county court.
The Small Claims Mediator settles the majority of disputes over the telephone without the need for either party to attend court. Alternatively, a face-to-face mediation can be arranged on court premises.
The service is only available to those who have a defended case in the county court. Once you have returned the Allocation Questionnaire after ticking the appropriate box opting for mediation, you will receive a court order inviting you to contact the small claims mediator. The small claims mediator will then explain the mediation process is in full.
You can find out more information on the Small Claims Mediation Service by visiting Her Majesty's Courts Service website at: www.hmcourts-service.gov.uk/cms/14156.htm
To contact your local Court, please use HMCS Court Finder at: www.hmcourts-service.gov.uk/HMCSCourtFinder
The NMH only accepts applications from mediation organisations in receipt of Civil Mediation Council (CMC) accreditation. It does not accept applications from individual mediators. An accredited mediation organisation must have a minimum of six mediators on its panel. For more information on the CMC accreditation process, please visit the CMC website at: www.civilmediation.org.
Please note the application process has now come to an end. The next round of applications will commence in early 2011.
If you need any further information or help with the application process, please contact Tajinder Bhamra on 020 3334 3161. Alternatively, you may email Tajinder at tajinder.bhamra1@justice.gsi.gov.uk.
