Mediation process & FAQs

At Adams Law, our specialist mediation solicitors have extensive experience in settling disputes between groups. Whether a disagreement between family members, colleagues or peers, our lawyers always strive to achieve the best results.

To the untrained eye, the mediation process can seem like a complicated one. Consequently, our professionals are always asked a range of questions at every stage of the proceedings by the parties involved.

To help shed some light on what mediation entails, we have created this frequently asked questions page which should answer any queries you might have.

What is mediation?

Mediation is a way of resolving disputes between two or more parties.

When someone starts proceedings a third party – the mediator – will typically assist the parties involved to negotiate a settlement.

The term mediation broadly refers to any instance in which a third party helps others reach agreement. More specifically, mediation has a structure, timetable and dynamic that ordinary negotiation lacks.

The process is private and confidential, possibly enforced by law and with voluntary participation.

When is mediation used?

Mediation is an effective way of resolving disputes without actually going to court. It can be used to settle almost any form of disagreement and is completely voluntary. If neither party can reach an agreement by the time the process has finished, then they can resolve their differences in court. The points raised during the mediation will not be discussed here.

What can I use mediation for?

As mediation is a voluntary process, it can only be used when all parties involved agree to take part. It can solve a wide variety of disagreements such as:

• Family disputes
• Neighbour disputes
• Workplace disputes
• Consumer disputes

What does a mediator do?

The mediator acts as a neutral third party and facilitates rather than directs the process. During mediation, he or she:

• Facilitates discussion between the parties
• Clarifies underlying feelings to help parties understand each other
• Supports parties to generate ideas and agreements for the future
• Remains impartial and non-judgemental
• Ensures that both parties get the opportunity to speak and listen

One thing that cannot be stressed enough is that the mediator never makes a judgement, decision, or takes sides.

How much does mediation cost?

Mediation costs will vary on a case by case basis but all parties involved will share the fees involved. Although a mediation specialist will hear your situation and be able to give more specific details about the costs involved, these fees are almost always cheaper than going to court and having to pay the resulting charges.

How does the mediation process work?

Although cases can vary, the mediation process will usually take the following steps:

Step 1 – First individual meeting

The mediator will arrange an introductory meeting with both parties (separately) to discuss the matter generally and explain the mediation process.

The mediator will help you to think about what you want, what other people might want, and how this could be achieved. The initial meeting will normally be between 30 minutes to one hour.

Step 2 – Meeting between the other party and the mediator

The mediator will then approach the second party and ask about their position. The second party will discuss their own concerns and feelings with mediators, who will again clarify the mediation process.

Step 3 – Joint mediation

Both parties take part in the joint session. The mediators will arrange to meet you and the other party before the session. The mediators will also be in charge of this. Quite often the session will be punctuated with comfort breaks and also when it’s appropriate to allow things to sink in or for parties to make any telephone calls to those not present.

Quite often it feels that progress seems slow in the early stages and there will be periods of waiting. This is normal and the mediation process will gather speed as the day goes on and it moves closer to a conclusion.

During a joint meeting either party can ask to see the mediators privately. If this happens then both mediators will accompany them to a side room and ask the other party remains seated. Nothing said in a private discussion with one person will be repeated to the other without express permission.

Step 4 – Concluding the mediation process

During the meetings, the mediators may take notes to help them remember the facts. You can see these notes at any time and they will be destroyed at the end of the session. If both parties feel more comfortable with a written agreement then we will provide one too. The mediators will help the parties to draw up a simple statement outlining the key agreed areas.

All parties will need to sign and date the agreement, which will also be signed by the mediators, and you can keep a copy for your records. At the end of the meetings, the mediators will repeat that anything said or done during mediation cannot be discussed outside the meetings.

How private is mediation?

The mediation process is confidential and no details about the hearing will be disclosed to parties outside of the discussion.

Is the mediation process legally binding?

During the mediation process, the mediator will act as an independent party to help those affected reach an agreement. If a deal is reached, then this arrangement is legally binding. This is why it’s important to have a mediator with a trained legal background, such as those professionals at Adams Law.

If the agreement is violated, then this is equivalent to breach of contract and those affected can resolve this in court.