Lines open 8:30am - 6:00pm mon - fri
Lines open 8:30am - 6:00pm mon - fri
Mediation is a flexible process that can be used to settle disputes in a whole range of situations such as:
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. Mediators avoid taking sides, making judgements or giving guidance. They are simply responsible for developing effective communications and building consensus between the parties. The focus of a mediation meeting is to reach a common sense settlement agreeable to both parties in a case.
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. Details about what went on at 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. 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
because Mediation:
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.
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 your request via email to one of the accredited mediation organisations local to you. They in turn will contact you to discuss your dispute and, if all parties agree to proceed with mediation, they will try to arrange a suitable time and venue for the mediation meeting.
If you have not already obtained the other parties consent to mediation, the accredited mediation organisation will contact them on your behalf to discuss the possibility of mediation. If they agree to mediate, the mediation organisation will try to arrange a suitable time and venue for the mediation meeting. If, however, the other parties do not agree to mediate the provider will inform you and close the file.
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 between 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.
Disputes can be resolved in a number of ways and all parties must be in agreement on the settlement.
This could be:
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.
Mediation may not be 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 Form .
