Frequently Asked Questions

What are the advantages of Mediation?

Mediation has no fixed pattern and all possible options can be explored; The parties themselves make the decisions, not a Judge; Damaged relationships can be salvaged or repaired; The costs are greatly reduced; Time delays can be avoided; It  is private & confidential – most trials are public;  It provides ‘without prejudice’ protection – that means it is risk free; Most mediations settle on the day of the mediation; It is still possible to go to court if agreement not reached; It is possible for both parties to win.

Who can Attend a Mediation?

The main parties in dispute should attend but they can also bring their legal representatives if they wish. While Coronavirus rules still apply to face-to-face meetings, the fewer people attending the safer it will be.  Of course, online mediation via Zoom can be attended by all relevant parties and the software will give everyone a private ‘room’ for confidential discussion.

Do I have to Meet or Speak to my Opponent?

The choice is yours.  Mediations can remain entirely private where you would not have to meet or speak to your opponent or you can meet in the same room or a combination of the two.  Your Mediator will discuss your wishes and arrange the most suitable format.

Will the Mediator decide the Case?

No.  Mediators are not Judges and a mediation is not a courtroom.  The parties alone will decide the case by exploring all possible options for settlement and the Mediator will skillfully help them to achieve this

When is the Best Time to Mediate?

Better sooner than later – and preferably before disputes spin out of control and end up in Court. But it’s never too late to mediate. Ask for a free initial consultation now.

Can I still go to Court?

Yes.  Although the very purpose of mediation is to find a settlement solution if at all possible, sometimes it may be impossible.  In these rare situations, the parties still have the option of going to Court or continuing at Court – but they will doubtless wish to consider the cost and time consequences before rushing to make that decision.

What happens if We Can’t Agree?

Given that more than 80% of mediations do settle and given that the very reason for attending mediation in the first place is to find a mutually beneficial solution, we recommend that you remain positive throughout and work with the Mediator to exhaust all possibilities. If however it is simply not possible to find an agreement, you can leave the mediation. Before doing that however, it is always a better idea to understand what the alternatives are if you do walk away. Possible court action? What costs will be involved? Is a ‘win’ guaranteed?

Will the Mediator Take Sides?

No. Mediators remain neutral and impartial at all times. They will discuss the arguments with each party in an entirely private & confidential environment and will not release any information disclosed in those meetings without permission. Mediators may ask tough questions to get to the bottom of the dispute but this is for your benefit only and is not by way of taking sides.

Will the Mediator give Advice?

A mediator is not permitted to give advice.  His role is to help the parties reach a mutually beneficial settlement by exploring all possible options – including those that the parties may not have thought of – so that both sides can end the dispute without the feeling of having ‘lost’.

Can I arrange the Mediation in my area?

Yes, you can arrange a mediation anywhere in UK at a venue on which all parties agree. It is also possible to arrange a mediation from the comfort of your own home or office via video conference on Zoom. Please see Online Mediation.

Is Mediation Expensive?

Mediation is far less costly than going to Court and it can save a great deal of time and worry by agreeing a mutually beneficial solution earlier rather than later. See our Fee Chart for costs.

What is the Prospect of Success?

The success rate for mediations is extremely high.  The statistics show that across the UK, more than 80% of mediations reach a settlement on the day or very soon after – and online Zoom mediations are currently showing a slightly higher success rate than face-to-face mediations.

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