Why Choose Mediation?
a. Mediation is confidential, meaning that conversations between the parties
themselves and between the parties and the mediator are private and will not
be shared.
b. Mediation is undertaken “without prejudice” meaning the discussions may
not be relied upon or referred to by the parties at a later date, unless of course they
are drawn up and signed by the parties at the end.
c. Mediation is undertaken in “good faith”, which is to say, honestly and with
the intention to reach an agreement if possible.
d. Mediation is quicker and less expensive than going to court. It is more private
and confidential and allows for constructive discussions in a calm and less
stressful environment.
e. It can be used at any stage of a process, often resulting in quicker and less
expensive resolutions than waiting for court, and allows for more creative
solutions to be agreed. Courts will often “stay” or pause proceedings to allow
parties the opportunity to reach a settlement through mediation.
f. Participants remain in control of the process and the outcome and may leave
at any time without obligations.
How Effective is Mediation?
Source: 11th CEDR Mediation Audit 2025
- 87% of issues referred to mediation are resolved without the involvement of the court
- 70% of issues referred to mediation are resolved on the day
- 17% of issues referred to mediation are resolved following the session
Is Mediation Legally Binding?
Once a resolution has been reached, the parties have the choice to put any agreement in writing and once signed it becomes a legally binding contract.
Should the parties wish for a more formal settlement, or if court proceedings have already started, then there are two options for a binding resolution:
- A “Consent Order” – where the terms agreed are placed on the face of a court order which must then be certified by a judge.
- A “Tomlin Order” – where the terms agreed are placed in a confidential schedule which is attached to a Consent Order. This also allows for the parties to agree to more creative terms that the court could not otherwise impose.
Must Mediation be In Person?
Mediation can be undertaken either in person or online via Zoom (or Microsoft Teams), there are benefits to consider for both options.
The costs of online mediation are normally less. There are no venue or travel costs for the parties and/or their representatives to consider. It is also usually quicker to schedule and arrange.
Alternatively, in person mediation is also a very good option and allows for body language and face-to-face conversations to build trust – it is often easier to create a working relationship in person.
What is the Mediation Process?
After an initial conversation before the day of mediation to discuss the nature of the
mediation and resolve any logistics, we will provide all the necessary paperwork and
agreements.
On the day our mediator will meet with you and show you to your private room (either
virtually or physically).
Initially the mediator will outline the process and rules governing the mediation and
creating the safe space.
Thereafter, there will be a series of meetings. These will either be open (everyone
together) to enable participants to share their views. Or closed (individual parties
alone with the mediator) to allow for exploration of the key issues and potential
settlement options in private.
If a resolution is reached this can be recorded in writing and made legally binding if the
parties choose.
What is the Role of the Mediator?
The role of the mediator is to help people have effective conversations by providing a
structure and safe space. We facilitate discussion and negotiation equally and
neutrally, but we do not offer advice or judgement.
Mediators help parties explore their positions, clarify misunderstandings, and focus
on acceptable solutions. Our role is to create positive and productive dialogue.
Who pays for the Mediation?
Costs are normally shared equally between the parties to ensure fairness and
neutrality.
Details can be found on our fees page.