Q. What is mediation?
Mediation is the process by which a Mediator facilitates the settlement of disputes between parties. The process is without prejudice and matters discussed within it cannot 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.

Q. Will mediation impose a decision on me that I might not like?
No. Mediation is a voluntary process from start to finish. A party is free to walk out at any time if they do not believe it is helping them. Only if an agreement is reached will it become binding on the parties. Anything discussed at mediation prior to the signing of a final agreement will be confidential and can not be relied on by either side in any subsequent Court proceedings. This gives the parties control over the process and security in knowing that the case will only settle if they agree. This is very much unlike Court proceedings, in which a Judge will impose a decision on the parties.

Q. What about costs?
The fees will vary depending on the complexity of the case and the time
taken, for further information please telephone one of the clerks who will
be happy to discuss the fees further. Refreshments can be provided for the parties involved, which may incur a small additional cost. The fees are paid in advance in equal shares. There are no adverse cost consequences of failing to reach settlement on the day. The Mediator’s fees are payable whether the case settles or not. This is important as it ensures that the Mediator has no personal agenda for achieving a settlement and ensures that the momentum for so doing remains with the parties. Neither side in the mediation process can charge the other for its costs of the mediation at the time, although in subsequent Court proceedings a successful party may be awarded their mediation costs in addition to their litigation costs.

Q. Must I already be a party to Court proceedings before commencing mediation?
No, although many parties are already involved in the Court process when they turn to mediation. Sometimes mediation is tried before proceedings are issued. If proceedings have begun and the case is settled during mediation, the settlement agreement will set out what is to happen to the Court proceedings.

Q. Will the Mediator be an expert in the area of law of my dispute?
Not necessarily. Mediators within Chambers are experienced barristers who will bring their knowledge of the Court process and dispute resolution ‘to the table’. Whilst they may have an expert knowledge of the law of your dispute, they may not. It is important to recognise that the Mediator is not there to judge or adjudicate your dispute, but simply to facilitate a settlement of it. Different skills are required to those needed by a Judge and it is not a detriment (and often a benefit) if the Mediator does not have an expert knowledge of the area of law involved.

Q. What if the Mediator knows either party or their legal representatives?
It is unlikely that the Mediator will know either party before a Mediation takes place. If he does, that knowledge and the extent of it will be declared before the Mediation is due to take place and both parties can decide whether, in light of the declaration they wish to proceed. No fees will be payable in those circumstances. The Mediator may be known to the legal representatives in his professional capacity as Mediator or Barrister. This will have no impact on his/her ability to conduct the mediation properly, but will nonetheless be declared to both parties before a Mediation takes place. Again, the parties will be able to decline to proceed if they so wish.

Q. What is the Centre for Effective Dispute Resolution?
CEDR is the country’s leading professional body for Mediators in the UK. It was launched in 1990 as an independent, non profit making organisation with the mission to encourage and develop mediation in commercial and public sector disputes and civil litigation. CEDR’s mediation accreditation is internationally recognised as a standard of excellence which is designed to ensure that parties to a dispute can be confident that a mediator accredited by CEDR provides the highest level of professional competence. CEDR has its own Code of Conduct which sets out the basis upon which its accredited Mediators act.

For more information contact Craig Jeavons by email or by telephone on 0121 236 0863.