What is Mediation
Mediation is an effective way of resolving disputes without the need to go to court. It involves an independent third party - a mediator - who helps both sides come to an agreement.
Mediation is a flexible process that can be used to settle disputes in a whole range of situations, including such as:
✓ Business to Business
✓ Consumer disputes
✓ Contract disputes
✓ Building and construction cases
✓ Company/partnership/business disputes
✓ Property/land disputes including ownership, rights of way, trespass & boundaries
✓ Housing disputes including landlord & tenant, disrepair, repossession
✓ Neighborhood disputes
✓ Family disputes regarding property/businesses & co-habitees
✓ Co-habitees/property ✓ Inheritance Act & constructive trust claims
✓ Probate matters/administration of estates
✓ Personal Injury claims
✓ Professional negligence cases
The role of the mediator is to help parties find a solution to their problem and to arrive at an outcome that both parties are happy to accept. Mediators don't take sides, make judgments or express an opinion. They are responsible for developing effective communications and building consensus between the parties. The focus of a mediation meeting is to reach a settlement agreeable to all parties in a case.
Mediation is a voluntary process. It is confidential, private discussions are not disclosed to any party without permission. The whole process is also confidential until an agreement is reached.
If parties are unable to reach agreement, they can still go to court. Details about what went on at the mediation cannot be disclosed or used at a court hearing.
Both parties usually share the cost of mediation, which will depend on the value and complexity of the claim.
If your dispute is worth less than £10,000 you will be able to access the county courts in house small claims mediation service. However in order to do so it will be necessary for you to issue proceedings. Although there is no direct charge for the court this service itself, you will have paid a court fee to access it.