In contrast to Court proceedings, mediation is the process by which a Mediator facilities the settlement of disputes between parties. The process is without prejudice and matters discussed within it can not be relied on in any subsequent Court proceedings. It is a voluntary process, and either side is free to walk away if they feel that it is not working for them.

If an agreement is reached, it will be drawn up at the Mediation and it will become legally binding once it is signed by all of the parties concerned. The process has the advantage over Court proceedings of being cheaper and faster. It also removes the risk of a decision being imposed on a party by a Court, as in Mediation any settlement reached will be with the consent of both parties.

The role of the mediator is not to impose a decision, but instead, to understand the full nature and extent of the dispute and to assist the parties in exploring possible ways forward, with a view to reaching settlement. Experience shows that most disputes that are referred to Mediation are settled, and those that do not, tend to be settled shortly afterwards, as the process tends to succeed at narrowing the issues and creating an environment which is conducive to settlement, even if it is not reached on the day of the mediation. Parties should approach the process in good faith and do so knowing that they have nothing to lose by it, as at worst the dispute will continue for resolution at Court (which would have happened anyway) and at best will result in a settlement, which avoids the cost, risk and stress often inherent in Court proceedings.

To proceed down the Mediation route both parties must first sign the St Ive’s Chambers Mediation Agreement which sets out the terms by which the Mediator agrees to provide his services to the parties. A copy can be obtained from the Senior Clerk.

Once signed, the date for the Mediation will be fixed. Mediations will usually start at 10.30am and may last all day if necessary. Mediations will normally take place in Chambers. The time and location of the Mediation will only differ from that stated, if all of the parties agree.
Each party will have the exclusive daily use of their own conference room and a larger conference room will be available for joint meetings.

The parties can attend by themselves or with their representatives. Refreshments will be provided as agreed. Following the signing of the St Ive’s Chambers Mediation Agreement by all parties, the following process will be followed:-

1. Both parties will agree a Mediation Bundle, a copy of which will be provided for the Mediator and each party at least 3 days in advance of the mediation. It is not necessary for this to be as extensive as a Court trial bundle, as its purpose is to assist in the identification of the relevant issues only, rather than the adjudication of them.

2. Each party (and their representatives, if any) will attend on the appointed day. The first session will be a joint meeting at which the Mediator will open the day and explain the process in detail. Each side will then have a short opportunity to state its case.

3. Each party will then retire to its own conference room and by a process of ‘shuttle diplomacy’ the Mediator will attend in each room (in private) and explore the nature of the case and the possibilities for resolution. Anything said in private session will remain confidential unless authority is given to divulge it. The Mediator will continue the private sessions and / or call for a further joint meeting according to his discretion.

4. If a settlement is reached, the Mediator will draft it, and once approved, it will be signed by all of the parties. It will then become a binding settlement on all of the parties, which will be enforced by the Court.

For more information on Mediation Services consult the Mediation Service Frequently Asked Questions section, or contact Craig Jeavons by email or by telephone on 0121 236 0863.