Mediation

Find a faster, more affordable way to resolve a dispute

Not everyone understands mediation. What exactly is it? Mediation simply is a process whereby participants to a dispute over just about anything can resolve that dispute or if not resolve take the dispute so close to resolution as to reduce the amount of costs considerably.

The Courts have recently stated in PGFII v OMFS Company Ltd that a failure to engage in mediation will result in some circumstances in legal fees being reduced or not awarded at all. Refuse to mediate at your peril.

Participants can be legally represented and there can be as many participants in the mediation as there are parties to the dispute.

Very often the participants will be in separate rooms for at least a part of the process and the mediator will rush between the rooms releasing what information the parties agree to be released if any.

The mediator will act sometimes as Devil’s Advocate asking questions to remind the participants of where the process is up to and the possible outcomes.

The mediator does not advise the parties nor does he provide opinions. He merely acts as a conduit for the process on a neutral basis.

The mediator’s fees are paid usually by each party jointly although this can be varied. The content of the mediation is without prejudice so if it fails to provide a resolution then what has been said is not used later in any litigation.

At some stage (in the majority of cases) a resolution is arrived at and is recorded by the parties. That resolution can involve financial compensation although not always.

The costs of the mediation will be a fraction of what would have been needed had the case gone to Court. The case will usually be concluded in the day as well as opposed to the years that it would take a case to arrive before the Court. A day with a mediator may cost as little as £500 per party.

So if you want a cost effective speedy solution to your dispute try mediation. It usually works.

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To contact our Mediation team, please call 01744 742360, or click here to email info@sthelenslaw.co.uk >

For information and support regarding family mediation, you may contact Howard Nulty directly on 07786 073355. Howard is often available outside of normal working hours when required.

Mediation FAQs

What is mediation?

Mediation is where parties to a dispute agree to use a third party to help facilitate a settlement.

Do you have to accept the mediators decision?

The mediator does not make any decision. The parties if they can arrive at a settlement and then it is usue extent of the parties involved is really only governed by the size of the accommodation and the ability of the mediator to cope with the numbers. All of the parties involved in the dispute should be theally written down. Once all parties to the mediation agree then the dispute is resolved.

How many parties can there be at mediation?

There are no maxima. Thre so that if a resolution can be found it can be agreed.

Mediation is only good for sorting out matrimonial differences. Is that true?

It is correct that some of the most challenging mediations are those that stem from relationship problems but mediation is used to resolve all kinds of problems. Personal Injury claims, clinical negligence claims, professional claims, boundary disputes, property and will arguments, consumers arguments, service claims and just about anything can be mediated if the parties agree.

How expensive is mediation?

The expense depends upon how long it all takes and the experience of the mediator. Usually fees are determined by the value of the issues at stake but a full half day might be as cheap as £500. Compare that with the cost of going to Court.

How do I find a mediator?

The Civil Mediation Council has lists of approved mediators. Also there are some providers on the net that will provide you with the skills summaries of their panel of mediators.

I don’t want to use a mediator as I want a lawyer to act for me?

Going to mediation and having a lawyer are not inconsistent. Some mediated cases are already within the Court process when they are mediated. It is very common for the lawyers to be involved as well as the lay clients.

I know that they will never settle so there is no point in going to a mediation?

Don’t believe it. When the parties are nearing Court and they realise what is at stake then it is sometimes surprising how cases will settle. Even if cases don’t settle sometimes issues that were a stumbling block are agreed leaving a much shorter hearing at Court and less costs. Sometimes cases will not settle at the mediation but will settle afterwards by use of a telephone call or email.

Is a mediation binding?

Once a settlement has been agreed and recorded yes.

Why do mediations work so well?

Mediations allow discussion and offers to be made without prejudice to any Court hearings. Only matters that are agreed can be used later so discussion is made easier.

Also the skills of the mediator are important. A skilled mediator can oil the wheels of a settlement discussion and encourage the participants to look at what the others think.

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