Answers to some Frequently Asked Questions...
Not everyone is well versed in Mediation and we understand that you may have lots of questions about how it all works. We have answered some of the most frequently asked questions below.
If you have an unanwered question - feel free to get in touch as no question is too small and we would be happy to answer it for you...
What is Mediation exactly?
Mediation is a confidential and voluntary meeting (online or in person) between 2 or more 'sides' hoping to resolve a dispute with the help of one or more Independent neutral Facilitators(s)/Mediator(s). It is a form of Alternative Dispute Resolution (ADR) that can take place before or during ongoing court proceedings, regardless of dispute value.
In Facilitative Mediation the Mediator will not provide a 'ruling' or opinion - they will be trained to encourage Participants to create, explore and arrive at potential solutions.
In Evaluative Mediation a Mediator can be asked to provide their non-bonding opinion based on the evidence. This will only be provided upon the agreement of all parties involved.
Must I have a lawyer?
In short, no. As a participant to Mediation, you decide whether you wish to have legal representation on the day of the Mediation. It is neither imperative nor more advantageous to have a Lawyer present as you are not persuading a Judge (or Jury!) or making any legal submissions.
If you are represented by a Lawyer in relation to the dispute, we encourage you to discuss your wish to Mediate with them. If you do not want your Lawyer to attend, you are free to call your Lawyer during the Mediation.
You can always bring a friend or family member to the Mediation for support providing they are willing to respect and keep what is discussed and agreed, confidential. They will be asked to sign a confidentiality agreement.
Is the outcome binding?
In Mediation any outcome decided and agreed between the Participants will usually be subject to a written agreement that is drafted and signed at the end of the Mediation. The terms of the agreement reflect what has been decided and Participants or their Lawyers can draw the agreement up very easily (or have a skeleton prepared in advance of the Mediation).
Any written agreement signed by the Participants makes them contractually bound to the terms of that agreement. We have found that as Participants own / create the outcome they tend to adhere to it.
Is Mediation fair?
Yes. A Mediator is a neutral party and their role is to facilitate solutions. They do not have a vested interest in the outcome of the dispute and do not 'take sides' or disclose private information to benefit one Participant over another.
Mediators abide by a professional code of conduct.
Whether you have lawyers assisting you with negotiations or are a Litigant in person, you will be treated fairly and with respect and will not enter any agreement that you are not happy with. Any settlement is voluntary.
How long does it take?
Anywhere between 30 mins to a few days.
The length of time will vary depending on the complexity of the dispute and the willingness of the Participants to engage meaningfully in reaching settlement. Some Mediations have settled in 30 minutes and others can take a full day or two, particulalry if there are multiple parties to the dispute.
Not all Mediations end with a settlement on the day, however, the day itself can help narrow the issues in dispute allowing a settlement to be reached within days or weeks of the Mediation day itself.
Where does it take place?
You decide. You can request an online or in-person Mediation.
Participants have the freedom to agree on where in the UK they would like the Mediation to take place. We can faciliate room hire (in accordance with Covid rules) or, if all parties are happy, the Mediation can be hosted by the representatives of either side. If the Mediation takes place in person, there must be sufficient space for each Participant to have a private room and a larger room to accommodate open sessions.
We can send you details of how online Mediations work, upon request.
Helping you resolve conflict with calm and confidence
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