Mediation How it Works
Mediation is a process used to settle all types of disputes from common law Civil and Commercial disputes to Family property adjustments, sharing finances and pensions and child arrangements matters.
Mediation is the most widely used and successful of all ADR (Alternative Dispute Resolution) methods.
The generally accepted definition of a Mediation is that it is a process of assisted negotiation in which an independent and highly skilled professional Mediator facilitates the negotiations of Mediation participants helping them towards a mutually acceptable settlement agreement.
Mediation as a process is an informal process but is it by no means an easy option. On the contrary it is the harder option to be able to discuss directly in Mediation with an ‘opponent’ than it is simply to pass on the responsibility of trying to resolve disputes to third parties. Therefore Mediation is only suitable for those willing to take responsibility of trying to resolve disputes themselves.
The process of Mediation has at its core principles of privacy, everything in Mediation is private unless otherwise agreed by the participants.
All discussions in Mediation are confidential unless otherwise agreed by the participants.
Similarly all Mediation discussions and negotiations are without prejudice in that everything discussed in Mediation is for Mediation negotiations only including all settlement offers and terms of agreement.
In all cases participants chose to participate in Mediation voluntarily. Nobody is forced into mediation although for divorcing and separating parties a Mediation Information Assessment Meetings (MIAM’s) is a compulsory first step process for anyone either wanting to try Mediation substantively or for those wanting to go direct through the court system and apply for a child arrangement or financial relief or property adjustment order.
Mediation costs are normally shared equally between the parties and is almost always cheaper than any other ADR method. Our professional Mediator fees start from as little as £70 per hour and are favourably comparable to all other Mediation service providers.
Mediation settlement and satisfaction rates are between 70% to 80%, making Mediation the only sensible option for those in any commercial or family dispute.
Mediation is private and confidential, speedy and cost-effective process with a high settlement rate. What more could you want?
What to Expect
Almost all disputes can be resolved by Mediation once participants have decided to negotiate the terms of settlement themselves. Once participants have decided to mediate the Mediation process begins and once the Mediation process begins the participants can expect a high standard of professional care, skill and competence from our Mediators.
Participants of the Mediation process can expect to settle their dispute on average at least 75% of the time. They can expect to do this quickly, efficiently and cost effectively.
Fees paid for the Mediation process are amongst the lowest of any legal or ADR method and when chances of settlement are taken into account and the high level of professional skill of our Mediators the costs of the Mediation represents true real value for money.
The Mediation process begins with a preliminary agreement to Mediate.
Following preliminary formalities the business of a structured negotiation begins. Most Mediations will either be remote or face to face meetings.
Civil and Commercial half-day Mediations would require approximately 4-hours Mediating time, plus an hour pre-mediation preparation time. A whole-day Civil and Commercial Mediation will require 8-hours plus several hours preparation time.
Small Claims Mediations will require a minimum of 2-hours Mediating time.
Family Mediations will require anything up to 12-Mediating hours spread over several months.
Community Mediations around 10-Mediating hours over several months.
Mediation when compared to other ADR methods is a speedy and cost-effective way of settling a dispute.
Mediation is a roller-coaster process of ups and downs but the benefits of high settlement and satisfaction rates, a process that is private and confidential, cost effective, professional and time saving, is unquestionably a process to be seriously considered.
