Mediation is a way of resolving disputes to the satisfaction of everyone involved without the need of going to court. Parties are assisted in achieving mutually beneficial resolutions with the help of an impartial mediator.
Mediations can also be beneficial to parties even if the dispute is already subject to court proceedings. 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.
The parties, rather than the mediator, decide on the terms of the settlement and it is therefore essential that all parties wish to resolve the dispute.
The process is completely voluntary so a party cannot be forced to take part in a mediation and can choose to withdraw from the process at any time.
If you agree to mediate but are unable to reach a settlement you can still go to court.
Mediators avoid taking sides, making judgements or giving guidance. They are simply responsible for developing effective communications and building consensus between the parties. Their aim is to help the parties find a mutually agreeable solution to the problem.
Once a settlement has been reached a mediation agreement can be drawn up.
Generally only agreements that relate to disputes already subject to Court proceedings can be enforced. The Court charges for this and there is no guarantee that the enforcement will be effective.
In practise however, parties tend to keep to the mediation agreement because they have prepared the terms themselves.
Mediations are completely confidential and the information discussed within them cannot be used in Court or in any other legal action issued at a later date.
Who are the Mediators?
The National Mediation Helpline Mediators are all members of the accredited mediation provider organisations listed at
Contact Details.
They come from many different backgrounds and are all trained and experienced in helping people to settle their disputes.
Why try Mediation?
Because Mediation:
- is confidential
- is unbiased
- is voluntary
- encourages disputes to settle at and early stage
- puts you in control
- is less stressful than going to Court
- could be cheaper than going to Court
- could resolve your dispute quicker than going to Court
- is less formal than a trial by a judge
How does it work?
You can either complete the
Online Enquiry form or call us on 0845 60 30 809.
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 you request via email to one of the accredited mediation providers supporting the scheme. They in turn will contact you by phone within 1 working day to discuss your dispute and if all parties agree to proceed with mediation they will put you in contact with a local mediator.
If you have not already obtained the other parties consent to mediation, the accredited mediation provider will contact them on your behalf to discuss the possibility of mediation. If they agree to mediate the provider will assign a locally based mediator. If, however, the other parties do not agree to mediate the provider will inform you and close the file.
Once a mediator has been appointed they will contact the parties to arrange a suitable time and venue for the mediation meeting.
If a claim regarding the dispute has been issued at Court you must at this stage inform the Court, in writing, that the dispute is going to be mediated.
At the agreed place and time all parties will meet. The mediator will usually speak to all parties together to reiterate the process. Parties will then split off into separate rooms so that the mediator can speak on a one to one basis with the parties.
During the mediation process, the mediator will be looking for common ground amongst the parties and will go back and forth between them discussing offers and proposals until an agreement has been reached. Once an agreement has been reached a mediation agreement can be drawn up and signed by all parties.
What are the possible outcomes of Mediation?
Disputes can be resolved in a number of ways and all parties must be in agreement on the settlement.
This could be:
- paying compensation
- a refund
- an apology
- an explanation
- replacement goods/services
- a change in policy and/or behaviour
The mediator makes no decisions as to the type or value of the settlement - the parties are solely responsible for the outcomes.
If your dispute has already been issued at Court, you must inform the judge that an agreement has been reached.
What happens if the parties cannot agree a settlement?
Mediation is not suitable for every dispute, but it can still help settle some of the issues.
If your dispute has already been issued at Court, you must inform the judge that no agreement has been reached and the Court process will then continue.
If you have any further enquiries please go to our
Frequently Asked Questions page as the answer may be there. Alternatively you could call the Helpline and speak to one of the advisers on 0845 60 30 809 or submit an
Online Enquiry.
