Frequently Asked Questions

•   They want to maintain a relationship with the other side once the dispute is over.
•   They want to stay in control of the process and not hand it over to the judge.
•   They are worried about the costs of going to court or the delay in waiting for a trial.
•   Where they want the dispute and settlement to be confidential.
•   Where there may be outcomes that can be agreed which a judge could not award.
•   When they want to look for a settlement rather than take the risk of a judge finding against them.
•   When they are neighbours or businesses who deal in the same local area or type of work.

•   is confidential
•   is unbiased
•   is voluntary
•   encourages disputes to be settled as soon as possible
•   puts you in control
•   is less stressful than going to Court
•   could cost you less than going to Court
•   could resolve your dispute quicker than going to Court
•   is less formal than a trial by judge.

For more information, please see our What is Mediation? section of this website.


2.    Why is there a Helpline?

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 Department for Constitutional Affairs 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.


3.    What does the National Mediation Helpline offer?

The National Mediation Helpline has been set up by the Ministry of Justice (MoJ) in conjunction with the Civil Mediation Council (CMC) to provide information about mediation and access to mediators.  We can answer general questions about mediation and we can also put you in touch with mediators through the providers supporting this scheme.


4.    Is the National Mediation Helpline free?

No - calls to the Helpline are charged at local rates, and if you decide to use a mediator you may 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.


5.    When can I speak to a National Mediation Helpline adviser?

The Helpline is attended between 8:30am and 6pm, Monday to Friday with the exception of Public Holidays. 


6.    When should I mediate?

At any time you wish, irrespective of whether or not proceedings have been issued at Court or at what stage the dispute or Court proceedings may have reached.


7.    I want to settle my dispute without going to court?

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.


8.    Do I have to go to mediation?
 
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. 

9.    Is offering to mediate a sign of weakness?

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.


10.    What is a mediator?

A mediator is an impartial person who has been appointed by parties with an unresolved dispute. The mediators role is to assist them in negotiating an agreed settlement.

The National Mediation Helpline Mediators are all members of the accredited mediation provider organisations listed on the Contact Details page. They come from many different backgrounds and are all trained and experienced in helping people to settle their disputes. The mediator need not be legally qualified, though many are.


11.    What is the mediator going to do for me?

The mediator's role is to assist or facilitate a settlement of your dispute - it is as simple as that.


12.    Are mediators insured?

Yes - the mediation providers supporting this scheme will only refer you to a mediator who is insured.


13.    Are mediators trained?

The mediation providers 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.


14.    Will I have to do anything I do not want to do?

No - the process of mediation is totally voluntary


15.    How much will mediation cost?

If you select a mediator through this scheme there is a standard scale of costs. Please see the costs section of this website.

If you are on a low income or in receipt of public funding, you may be eligible to a discounted or nil fee. Please inform the helpline adviser of this request. They will be able to direct you to an appropriate organisation who will deal your request. Please note that you will most probably be required to prove your financial status.

16.    Who pays for the mediation?

Usually all sides of the dispute pay the mediation fee in equal proportions and it is normally paid in advance of the mediation.


17.    Do I pay if the dispute does not settle?

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.


18.    Who decides the outcome of the mediation?

The mediator does not decide the outcome - the decision making is left entirely to the parties themselves. The mediators role is to help the parties strike a deal that they are all happy with.


19.    Can you put me in contact with a mediator?

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 will refer your request to one of the accredited mediation providers supporting this scheme. They in turn will contact you within 1 working day to discuss the issues and will put you in touch with a local mediator if agreed.


20.    Will the mediator offer legal advice?

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.


21.    Can I have a lawyer present?

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 advise to the parties.

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.


22.    Can I leave a mediation?

Yes - at any time, although most mediators will ask you to give them few minutes before you do so.


23.    What happens if there is no agreement at the end of a mediation?

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.


24.    Can I recover the costs of mediation in a court case?

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.


25.    What is the court’s attitude to mediation?

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.


26.    Who is the Civil Mediation Council?

The Civil Mediation Council is an association of academics, professions and providers in the field of civil mediation. The organisation encourages mediation as a way to settle your dispute. It also gives advice and guidance to the organisations that offer mediation.


27.    Can you give me a name of a good lawyer?

No - 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, use the Community Legal Service Directory [http://www.clsdirect.org.uk/directory/directorySearch?lang=en] or if you need a barrister then the Bar Council may be able to help.

28.    How do I complain about a helpline adviser, mediation provider or a mediator?

In the unlikely event that you should wish or have cause to complain about any of the above please refer to our Complaints Procedure in the downloads section of this website.


29.    How do I complain to about the Helpline or Website?

In the unlikely event that you should wish or have cause to complain about either the Helpline or the supporting website please refer to our Complaints Procedure in the downloads section of this website.


30.    How long does it take to organise a mediation?

This is normally down to the parties.

One of the accredited mediation providers supporting this scheme will contact you within 1 working day of your conversation with a Helpline adviser. Given the suitability of the dispute and the agreement of all parties a mediation can be booked as soon as all parties have agreed to a time and venue.

Parties using this scheme have been able to mediate their dispute within 2 weeks of calling the Helpline.

31.    Will I need to send anything to the Mediator?

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 along to the mediation should you wish to use them as part of you discussions.


32.    Does the Mediator meet with the parties before the Mediation?

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.


33.    What is the National Mediation Helplines mediation success rate?

Since the NMH launch in November 2004, it has achieved an average settlement rate of just over 73%.


34.    Do I have to pay for the Mediation?

If you select a mediator through this scheme there is a standard scale of costs. Please see the costs section of this website.

If however you are in receipt of public funding (legal aid) you may be eligible to claim reasonable costs of mediation. You will need to speak to your solicitor or your local Citizens Advice Bureau.  You can use the Community Legal Service Direct online calculator [http://www.clsdirect.org.uk/directory/directorySearch?lang=en] to find out if you qualify for legal aid.

Please tell the helpline advisor if you are receiving any benefits as you may be eligible for a reduction in the costs.


35.    Can I bring someone with me to the Mediation?

This is entirely up to you but we would recommend that you discuss this with your appointed mediator in advance.


36.    What is a stay?

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.


37.    How can I apply to become a mediation provider for the National Mediation Helpline.

Only mediation providers in receipt of Civil Mediation Council accreditation may apply to become providers to the National Mediation Helpline.

Our last round of applications closed on the 10th March 2006.

The next round of applications is due to take place in September 2006.

If you want to find out more about our policies and procedures please go to downloads. or call 0845 60 30 809 and speak to one of our advisers

38.    What is the Ministry of Justice/ Her Majesty's Courts Service doing for Mediation Awareness during 2007?

The responses from the previous years Mediation Week participants have been evaluated, and the majority deemed it a success, but thought that we should try a different approach during 2007. Recommendations have been taken on board, and it has been decided to operate a rolling programme of awareness raising events throughout 2007, rather than focusing on a specific week.

If you would like to be involved in raising the profile of mediation this year, or you have a good idea for an awareness-raising event that could fit into the programme, please contact the Proportionate Dispute Resolution Team within Her Majesty's Courts Service at [email protected] . There may be some central support available and we can obviously be more flexible about the timing of events this year. Responses would be appreciated by 25th May if you are willing to help.

If you haven’t already seen the evaluation of Mediation Week 2006, you can request a copy using the email address  as above.