FAQs

1.What is Mediation?

Mediation is a really effective way of resolving disputes without the need to go to court. An independent, neutral mediator helps the parties to find a way of reaching agreement.

2. What are the benefits of mediation?

Mediation can be quicker, less stressful and cheaper than going to court. The agreement can then be enforced through the courts.

3. Why should I try mediation?

People may choose to mediate because:

• They want to stay on good terms with the other party.
• They want to control the process themselves rather than hand it over to a judge. 
• They are worried about the costs, risks or delay of going to court. 
• Where they want to keep the dispute and settlement confidential. 
• Where there may be solutions that a judge cannot award at trial.
  

4. When should I mediate?

You can mediate at any stage – before or during the court process. The court process can even be paused while it takes place.

5. Do I have to go to mediation?

No. Mediation is by its nature voluntary. But a court or arbitrator can penalise a party who has unreasonably refused an offer to mediate and will often bring pressure on the parties to try mediation.

6. What is the role of a mediator?

The mediator helps the parties to find a solution to their problem themselves. The mediator remains neutral throughout the process. The mediator does not have to be a lawyer, though according to research solicitors are the most popular mediators.

7. Are mediators trained?

Yes, although perhaps more important is their ability to get on with people.

8. Who pays for the mediation?

The cost of mediation is usually shared equally between the parties. It is up to them if they wish to pay for a lawyer or other expert to accompany them. The mediation fees themselves are paid in advance of the mediation. These are paid whether or not the dispute is settled at the mediation.

9. Does the mediator give legal advice?

No. The mediator is independent and impartial. Legal advice should come from your own solicitor. You can have a lawyer with you at the mediation if you wish.

10. Can I leave a mediation?

Yes. As it is voluntary you can leave at any time, though the mediator will normally want the chance to discuss this with you before you actually leave.

11. What if there is no agreement at the end of the mediation?

There are no guarantees that a mediation will result in a settlement, but it very often does. Even if it does not, it can still help to settle some of the issues in dispute and may lead to an earlier settlement than would otherwise be the case.

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

Most judges will award the winning party the costs of the litigation. If there has been a mediation then the costs will usually be recoverable. But cost rules are complicated and you should ask your lawyer to advise you if you have any queries or concerns about this.

13. Does the mediator meet with the parties before the mediation?

No. Any discussions before the mediation will be conducted by telephone or email and will only relate to administrative matters.

14. Who can I bring to the mediation?

This is entirely up to you, though it is sensible to discuss this with your mediator and/or opponent before the mediation to avoid any problems on the day.