Mediation is a forward thinking form of Alternative Dispute Resolution (ADR). In Facilitative Mediation the Mediator will not provide a 'ruling' or opinion - it will be up to the Participants to explore solutions. In Evaluative mediation the Mediator can be asked to provide their opinion.
If Participants agree and sign a Mediation / Settlement agreement, they will be contractually bound to the terms of that agreement. Participants own the outcome and therefore it is more likely that they will adhere to the agreement as they created it and it was not imposed on them by a third party!
Participants decide whether they wish to have their respective legal representatives at the Mediation. Some Participants prefer that Lawyers speak on their behalf, whilst other Participants prefer to deal with their dispute without Lawyers attending. Participants are free to call their legal advisors during the Mediation.
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, others take a full day. Not all Mediations end with a settlement.
A Mediator is a neutral party. 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.
Participants must agree on where in the UK they would like the Mediation to take place. There must be sufficient space for each Participant to have a private room and a larger room to accommodate open sessions. We can help arrange meeting spaces at your request.