Frequently Asked Questions
What is Mediation?
Mediation is a process whereby an impartial third party (the mediator) facilitates the resolution of your dispute. It is a voluntary process – everyone involved has to be willing to come to mediation to solve the problem.
Can mediation help me?
Any dispute can be mediated, providing all parties agree to participate. Business to business, boundary issues, workplace, employment, personal, family, probate – whatever your dispute, mediation is quicker and less expensive than litigation.
How does mediation work?
The mediator will speak to you and the other party to confirm willingness to mediate, explain the process and costs and to find out the background of the dispute.
Once a mutually convenient date, time and venue is agreed, written confirmation is sent together with an Agreement to Mediate and an invoice – payment is due in full in advance of the mediation date. Costs are divided equally between the parties in dispute.
You will be invited to submit a summary/position statement together with any relevant paperwork for the mediator to read before the mediation.
There are different ways of mediating. Some people do not wish to meet at all and some wish to have face to face discussions. Often you may spend some of the time in separate rooms and some of the time together in the same room. In any case, a substantial part of the mediation will take place with the parties in separate rooms with the mediator going between them.
At the end of the mediation the parties agree with the mediator what the summary of the outcome will be and with whom it will be shared. All parties will sign it and if required legal advisers will take the necessary steps to terminate any litigation that may already be underway.
What if no agreement is reached?
Most mediations are successful. However, if no agreement is reached, nothing is written down and you will have to consider whether to proceed with more formal action.
As mediation is confidential and ‘without prejudice’. This means that nothing that has been discussed in the mediation can be used subsequently by your lawyers without the agreement of both parties and the mediator cannot be called as a witness to give evidence in court.
How long will the mediation take?
Most mediations are settled within one working day – sometimes in just a few hours.
What does mediation cost?
Mediation fees are normally based on the value of the claim. See our costs schedule. Any costs incurred in hiring a venue and providing refreshments and/or lunch will be shared equally between the parties.