What is Mediation?

Mediation is a way of resolving disputes to the satisfaction of everyone involved without the need of going to Court. Parties are assisted with the help of an impartial mediator.

The parties, rather than the mediator, decide on the terms of settlement and it is therefore essential that all parties wish to resolve the dispute.

The process is completely voluntary so a party or organisation cannot be forced to take part in a mediation and can withdraw from the process at any time.

If you agree to mediate but are unable to reach a settlement at the mediation you can still go to Court.

Mediators avoid taking sides, making judgments or giving guidance. They are simply responsible for developing effective communications and building consensus between the parties. They will help the parties find a solution to the problem.

Once a settlement has been reached a mediation agreement can be drawn up.

Only an agreement that relates to a claim already issued in a Court can be enforced.

In practise however, parties tend to keep to a mediated agreement because they have prepared its terms themselves.

Mediation meetings are completely confidential and the information discussed within them cannot be used in Court or another legal action at a later date.

Who are the Mediators?

Mediators come from many different backgrounds. They are experienced in helping people to settle their disputes.

Mediators may be able to give you general information about the law, but they cannot give you legal advice.

Why try Mediation?

Mediation:

is confidential
is unbiased
is voluntary
encourages disputes to settle at an early stage
puts you in control
is less stressful than going to Court
could be a 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 submission 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 will refer your request to one of the mediation providers supporting this scheme. They in turn will contact you within 1 working day to discuss and will put you in touch with a local mediator.

The mediator will contact all parties to arrange a suitable venue and time for the mediation meeting.

If the dispute has been issued at Court, you must, at this stage, inform the Judge that the dispute is going to be mediated.

At the agreed time and place, all parties will meet. The mediator will usually speak with the parties together to reiterate the process, parties will then speak with the mediator one to one.

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?

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
replacing goods
a change in policy or behaviour

The Mediator makes no decisions as to the type or value of the settlement the parties are solely responsible for the outcomes.

What happens if there is no agreement?

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 a Court, you must inform the Judge that no agreement has been reached and the Court process will then continue.

If you have any other enquiries please go to the Frequently Asked Questions page or call the helpline on 0845 60 30 809 where one of our advisors will be happy to assist.