Mediation services

Mediation services are a form of alternative dispute resolution where a neutral third party, called a mediator, helps two or more disputing parties reach a mutually acceptable agreement.

The mediator facilitates communication, promotes understanding, and focuses the parties on their interests rather than their positions. Mediation services can be used in a variety of contexts, including family disputes, commercial transactions, employment conflicts, and more.

The process is confidential, less formal than court proceedings, and can often lead to solutions that are more flexible and sustainable, as they are crafted by the parties themselves.

The primary purpose of mediation is to help disputing parties reach a voluntary agreement on their conflict. It provides a confidential and structured environment where parties can openly discuss their issues with the assistance of a neutral mediator. The mediator’s role is to facilitate a dialogue that encourages understanding and collaboration. Mediation aims to:

• Mediation services can be faster than going to court, saving both time and resources.
• By promoting cooperative communication, mediation helps preserve personal and business relationships that might otherwise be damaged by prolonged disputes or litigation.
• Parties have the flexibility to develop creative, tailor-made solutions that address their specific needs and interests.
• A mediation service is less expensive than court proceedings due to its quicker resolution times and informal nature.
• Agreements reached voluntarily are more likely to be honored by the parties, reducing the need for further enforcement actions.

In the UK, mediation services follow a structured process, typically involving the following steps:

1. Initial contact: Either party contacts a mediation service provider to discuss the feasibility of mediation for their dispute. The mediator explains the process, the costs involved, and the benefits of mediation.
2. Agreement to mediate: Both parties agree to participate in mediation and sign an agreement that outlines the rules and confidentiality of the process.
3. Preparation: Each party prepares for the mediation by gathering necessary documents and details of the dispute. Sometimes, parties may also meet or confer with the mediator separately before the joint session to discuss the main issues and process.
4. Mediation session: The mediation service typically occurs in a neutral venue. It starts with the mediator explaining the rules and process. Each party has the opportunity to present their view of the dispute without interruption. The mediator facilitates discussions to help identify the underlying issues and explore possible solutions. Sessions can vary in length but often last a half or full day, depending on the complexity of the dispute.
5. Negotiation: Parties work towards reaching an agreement, with the mediator moving between them, either in separate rooms or in a joint session, to exchange offers and counteroffers.
6. Agreement: If a resolution is reached, the mediator will help draft an agreement that captures the details of the solution. Both parties review, modify if necessary, and then sign the agreement.
7. Follow-up: Depending on the agreement, the mediator may follow up with the parties to assist with the implementation of the agreement.

Mediators facilitate the process, they do not impose a decision; any agreement is made by the parties themselves. Moreover, if mediation does not result in an agreement, parties can still pursue other legal remedies. Mediation in the UK is supported by various laws and regulations, which encourage the use of mediation to resolve disputes before considering litigation.

Mediation services are a versatile and effective method for resolving disputes in many situations, but there are circumstances where it might not be the best approach. Mediation may not be appropriate in the following cases:

• Legal rights need clarification: When the primary goal is to establish a legal precedent or clarify a point of law, mediation is not suitable.
• Non-cooperative parties: Mediation requires a willingness to negotiate and consider compromise from all involved parties. If a party is completely uncooperative or unwilling to engage in the process, mediation is unlikely to be successful.
• Imbalance of power: If there is a significant power imbalance between the parties that cannot be adequately addressed by the mediator, the process may not be fair or effective.
• Lack of commitment to confidentiality: Mediation is a confidential process. If parties are not willing to adhere to this confidentiality, or if public interest demands transparency, mediation may not be suitable.
• Criminal cases: Mediation is not used for resolving criminal charges. Legal proceedings are necessary to address and sanction criminal behavior appropriately.
• Intent to harm the other party: If one party’s main intention is to harm the other party rather than resolve a dispute, mediation is not appropriate. Mediation assumes that both parties are interested in a solution that will be mutually beneficial.

In such instances, legal proceedings might be more appropriate to address the issues at hand.

When mediation fails to produce a resolution or when one party remains dissatisfied with the outcome, turning to the court system becomes an option. A judge then makes legally binding decisions based on presented evidence and applicable laws. It’s important to note that parties may still be required to attempt mediation before proceeding to trial.

Yes, you have to pay for your mediation service. The cost of a mediator is typically shared between the parties involved in the dispute. In many cases, the parties agree to split the cost of mediation equally or in proportion to their respective incomes or financial resources. This means that each party contributes to covering the mediator’s fees and any other associated costs.

In some situations, one party may agree to cover the entire cost of mediation as part of negotiations or to facilitate the resolution process. This could be due to various reasons, such as one party having significantly more financial resources or the other party facing financial hardship.

In the UK, the cost of mediation services varies depending on factors such as mediator’s fees, session duration, complexity of issues, and additional expenses like venue hire. Private mediators typically charge hourly rates ranging from £100 to £500. The total cost is influenced by the number of sessions required, potential administrative expenses, and venue hire if applicable.

An option for accessing free mediation services in the UK is a Lega Aid. Legal aid may cover the cost of mediation for individuals who meet certain eligibility criteria, particularly for family-related disputes such as divorce, child custody, and financial matters. The availability of legal aid for mediation depends on factors such as income, assets, and the type of dispute.