What is mediation?
Mediation is where the parties to a dispute ask a neutral third party (the mediator) to help them find a solution to their problems.
Mediation is a type of alternative dispute resolution (ADR) encouraged by the overriding objective in the Civil Procedure Rules. The courts have a duty to consider encouraging and facilitating the parties to use an alternative dispute resolution procedure if the court considers that appropriate.
Lord Neuberger speaking on BBC Radio 4 in April 2020 said that mediation is “A sort of organised settlement discussion trying to come to an amicable arrangement which may not be an outcome which the law would provide but may be a sensible, practical arrangement which can be arrived at quickly.”
Whether or not a party has agreed or refused mediation before coming to court is a factor which a court can consider when deciding to award or refuse costs in civil court proceedings.
It is estimated by CEDR that the commercial mediation profession saves businesses around £3 billion per year in wasted management time, damaged relationships, lost productivity and legal fees.
The mediation process
Each mediation is different, but in most the parties describe the dispute from their point of view and in their own terms. Both sides explain how they feel it could be resolved. The mediator listens and guides the parties impartially, helping them reach a workable solution by generating and exploring possible solutions.
The mediation process is confidential and without prejudice. The mediator will not disclose confidential information to the other party, or anyone else, without your permission. The mediator may take notes but at the end of the mediation these are normally destroyed.
The mediator is unbiased and helps focus attention on the relevant issues. The mediator is not there to give legal advice or to be a judge, court or tribunal, although at the end of the process it is often possible for the parties to agree a legally-binding settlement agreement.
It is also consensual, meaning that whilst parties have to agree to enter into mediation, they are not compelled to do so.
Benefits of mediation with Dyne solicitors
- Access to solicitors and accredited mediators with proven experience in civil and commercial litigation
- Responsible and ethical
- Convenient and flexible – at a time and place to suit you.
- Can take place virtually over Zoom or Teams.
- Usually faster and less expensive than going to court.
- Good value – you will save time and money – keeping resources to use in ways you really want.
- Freedom of choice and autonomy – you retain control over what happens and any solutions, which you own.
- Structured yet flexible, using principled negotiation, we will invite movement based on reason, not pressure. We will aim to move from “issues” to “interests” and separate the people from the problem, using objective criteria.
- Creating an atmosphere of trust and confidence, we will look for mutual interests – or mutual disagreement.
- Forward-looking: Finding out what the participants really want to achieve, invite you to look forward and focus on what you see as viable options.
- You can achieve solutions which a court may not have the power to impose – allowing you to think outside the box.
- Freedom to move on with your life – you won’t have to stay trapped in the past.
- Mediation increases the likelihood that everyone will follow through on the agreement reached, and help you achieve solutions for the long term – and helps improve future relationships.
- Your mediator will be a neutral listener and will not take sides or judge you, unlike a court
- Maintaining your privacy – all our mediations are entirely confidential – mediation will help you keep problems from leaking out – a safe environment.
- Finality – a settlement can be legally binding and usually is.
- We will help you prepare properly, and you do not have to have your own lawyers involved (but it is usually helpful if you do).