Mediation Process

The Mediation Process What to expect?

The Mediation Process What to expect?

Almost all disputes can be resolved by mediation once parties have decided to negotiate a settlement and not litigate through the courts or tribunals. Once parties have decided to mediate the mediation process begins and once the mediation process begins the participants can expect a high standard of professional competence comparable if not better than other ADR methods. Participants of the mediation process can expect to settle or partly settle their dispute in at least 75% of the time. They can also expect to do this quickly, efficiently and cost effectively. Fees paid for the mediation process are among the lowest of any legal or ADR method and when chances of settlement are taken into account the costs of the mediation process represents real value for money.

The mediation process begins with a pre-mediation or agreement to mediate contract. This sets out the principles of the mediation like it is a private process, that all information shared is confidential unless otherwise agreed and that the parties agree to mediate their dispute in good faith.

Following this pre-mediation formality the business of a structured negotiation begins. Most mediations will be a series of face to face meetings, however this type of mediation is not always suitable for a relatively low value or single issue dispute case so mediations by telephone and email can be arranged. Mediations normally run for a minimum of 2-hours or until the parties have achieved an agreement and recorded it in a legally binding contract.

Mediation is often a roller-coaster process with many ups and downs but with high settlement rates the process is clearly one to be considered.