Unlike in court you can agree to resolve your agreement any way you want. The variety of solutions is as wide as you can imagine. From an apology through agreeing to fix a squeaky step to a cash payment and an agreement to use a company for more business through to a straight cash deal. Other resolutions have been agreeing not to go to court and splitting the profit on the whole deal.

So many options. A judge in court can only find for one party - one winner takes the money and - one loser the person who pays the money and the costs.

Open meetings between the parties facilitated by the mediators are encouraged but it is not absolutely necessary for parties to meet. In fact for small disputes telephone mediations are normal.

In private meetings with the individual parties, the mediator can act as a confidant, sounding board and go-between. The advantage of meeting privately is that issues can be discussed that you might not want to share with the other party. Discussions are held in the strictest confidence, and yet information can be shared through the mediator on a without prejudice basis.

Levelling the playing-field

Our mediators are trained to make the process fair. Because they are independent of the parties and they act as a go between they ensure neither party can cajole, bully or force a compromise. They take the heat and emotion out of the dispute to allow the parties to make a business deal that works for them both.

There is no small print!

There are only two key documents The Agreement to Mediate and an outcome document if required. In Family Mediation this can be an Open Financial Summary, a Parenting Plan and/or a Memorandum of Understanding. In Civil and Commercial Mediation this can be The Settlement Agreement. The latter may be attached to a Tomlin Order if proceedings have been issued.

Contrast this with the forms etc. in the court case.

Before the mediation meeting, the parties must accept that any discussion is without prejudice and is in strictest confidence. Issues discussed cannot be repeated as evidence in court. This encourages parties to reach a settlement, but at the same time, protects the individual party’s position should the mediation not be effective.

If the parties agree an acceptable outcome, they can sign a binding document.

If a mediation doesn’t work, the court or tribunal is still available to the parties.

That’s up to you?

Civil and Commercial Mediation does not need lawyers it is the resolution of a dispute between two parties. Parties will often engage a solicitor and also a barrister to help them present their case for court. This has to be paid for. The Courts insist that an alternative dispute resolution is considered in the Civil Procedure Rules (CPR).

It can be helpful to have advice from a lawyer about your rights, opportunities and obligations. Mediators are independent of both parties and are not able to discuss your legal position or that of the other side. They have to remain independent. If an agreement is made and a party has not consulted a lawyer the mediators will check if you want to get legal consultation before you sign.

It is not necessary to have a lawyer, solicitor or barrister present at the mediation as the agreement is between the two parties. If parties wish to have their solicitor or barrister present they are usually responsible for those costs incurred.

In Civil and Commercial cases sometimes one party wants to try mediation and the other party either doesn’t or hasn’t been asked. It is a good idea to write to the other party inviting them to mediation especially if court proceedings are intended. The link below provides some suggestions on how to go about writing to the other party.

The Citizens Advice website provides advice and specimen letters to help.

Often parties are willing to mediate when they hear about mediation. Mediation is an opportunity to end a dispute and save time and money. People are often willing to give it a try once they know more about the advantages of mediation and learn the cost of the alternatives especially going to court.

In Family cases Mediated Dispute Solutions is prepared to try to contact the party directly to seek their agreement to mediation.

Mediated Dispute Solutions cannot provide any legal advice to either party other than recommend each party considers its position and decides whether it wishes to seek advice from a legal adviser.

For further details please contact Mediated Dispute Solutions.

If you are not happy with the service provided by Mediated Dispute Solutions or one of its mediators please see our information Sheet: Complaints Procedure.