Mediation Process and ADR

Mediation is a quick, relatively inexpensive way of resolving disputes often without the need for litigation. We have successfully concluded over 98% of our mediations on time and on budget.

We have over 10 years of experience in mediating cases in County, across the UK and abroad.

This is a process conducted confidentially where a neutral person (the Mediator)  assists the parties in working out a negotiated agreement of a dispute.

Importantly, the parties retain control of the decision to settle and the terms of resolution. So no judge imposes a solution on them and there is less win or lose and more settlement by agreement, which often allows for damaged relationships to be repaired, eg with customers or business partners.

Features of mediation include:

  • A neutral third party to facilitate negotiations.
  • Inexpensive, without prejudice and confidential.
  • Puts the parties in control, unlike litigation or arbitration.
  • Parties can devise solutions which judges do not have the power to order.

The mediator will make the necessary arrangements for the mediation as required including:

  1. Drafting the agreement for mediation.
  2. Compiling names and roles of attendees before the mediation takes place.
  3. Setting the date, start time and providing venue arrangements for the mediation.
  4. Organising exchange of case summaries and documents.

The mediation agreement is the  legal basis for the mediation and the parties to the dispute and the mediator.

In the mediation itself, each of the parties to have a private room for confidential consultations on their own and with the mediator.

There is a further room for all parties to meet with the mediator jointly.

The mediator will organise:

  • a preliminary meeting with  the parties when they arrive at the venue;
  • a joint meeting of all at which the parties will  make an oral presentation;
  • private meetings and joint meetings.

Professional advisers can attend the mediation and assist in the negotiations,  advise on the implications of settlement and in drawing up the settlement agreement and any consent order once the mediation is successfully concluded.

No  recordings or transcript will be made of the mediation by the parties but participants can make their own private notes which will not be discloseable to anyone else – including in any subsequent litigation if the mediation fails, for example.

Mediations usually are short, lasting one day.

The mediation may end in:

settlement of the dispute as all agreed matters must be written down and signed by the parties, or

the signing of an in principle settlement agreement to draft binding terms after the mediation day;

advising the parties that a settlement – for the time being, at least – cannot be reached;

an agreed adjournment;

withdrawal of the mediator.

Any settlement agreement is normally done by the lawyers representing each of the parties.

Where proceedings have not been started  the settlement agreement will be a contract enforceable by legal action.

Where proceedings have been issued  a Consent Order needs to be agreed either at or after the mediation to end the proceedings on the terms agreed.

For specialist advice on mediation call us today.  Our experienced Mediation Solicitors can help.