3 Things to Know About Mediation in the UK

Mediation is one type of alternative dispute resolution. It involves appointing an impartial mediator who will help the parties in a dispute come to an agreeable solution. Usually, a court will encourage you to attempt mediation before taking expensive legal action against a party. This means that you can mediate before taking legal action or arbitration, but also while legal action is going on. The ultimate aim is to settle a dispute by coming to a solution. The mediation process can be stressful and tricky to deal with. This article will outline three things that are useful to know about mediation.

1. What Happens in a Mediation?

Mediation differs from court because you make the ultimate decision of how to solve the dispute. The mediator’s role is simply to encourage the parties to come to an agreeable arrangement on specific issues. The ultimate decision to settle the issue rests with the parties involved. 

During the process, the mediator might have a meeting with both sides, or they may have separate meetings with each party to try and facilitate an agreement. Further, the mediator may ask you to provide settlement proposals to the other party. The mediator will be there to help with the negotiation, and they are usually experts in communication and understanding strong emotions in a dispute. They will not, however, provide advice to you.

Time and Cost

The length of time that mediation will take can vary. Additionally, the cost will depend on how complex the dispute is. However, both sides usually pay an equal share of the cost.

Confidentiality 

The mediation process is strictly confidential. Therefore, parties can only share the outcome if every party to the mediation agrees to it. 

Settlement

Mediations usually end with a ‘settlement agreement‘, which sets out the agreed terms. A settlement agreement will be legally enforceable. If the mediation does not go well and you are not happy with the result, then you are not required to accept it. In that case, it might be useful to take a break from mediating and come to it at a later time.

Legal Advice

It is finally worth remembering that if you plan on using a mediation process, it will be a good idea to seek legal advice before approaching a mediation service. By doing so, you will have a good idea of what might happen in a court hearing if the mediation goes wrong. 

2. What Are the Pros and Cons of Mediation?

The main benefit of mediation is that it helps you stay in control. You do not have to accept a result if you are not happy with it. Further, it is usually much quicker and less expensive than going to court. Because of this, it can be a more efficient way of resolving disagreements. Along this vein, mediation is much more confidential than a court proceeding. 

There may also be disadvantages of mediation. For example, because it is mostly voluntary, you might struggle to deal with the party you are in a dispute with if they refuse to comply. Additionally, decisions reached by the parties may not always be binding (depending on variations to the settlement terms). 

3. When is it Best to Use Mediation?

Usually, it is a good idea to mediate as soon as possible where a dispute might otherwise reach the courts. You can use a mediation service in a variety of disputes; it does not have to be strictly commercial. 

For example, family mediation can be useful in family law related disputes (such as for child arrangements). In a family mediation process, you will want to approach an accredited family mediator because their expertise will differ from a commercial mediator. Family mediations might involve ironing out details on specific issues, such as: 

• parenting arrangements; 
• child arrangements; and 
• other points concerning young people and children.

Key Takeaways

Mediation is usually a cost-efficient way of resolving a dispute. It involves appointing an impartial mediator who tries to facilitate an agreement between the two parties who disagree. It is often a good idea to attempt mediation before taking action in court. This is because it is more cost-efficient for all parties to come to a settlement than to drag out lengthy court proceedings. Further, it is possible to mediate in a wide range of situations, and it is not limited to commercial situations. The process has pros and cons, but it will almost always be worth seeking legal advice before approaching a mediation service.

If you need advice regarding alternative dispute resolution, LegalVision’s experienced disputes lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.

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