How does Mediation work?
A GUIDE TO MAKING CIVIL AND COMMERCIAL MEDIATION RUN LIKE CLOCKWORK...
Mediation is fast becoming the go-to method for resolving disputes in the UK, offering businesses and individuals a quicker, cost-effective, and flexible alternative to litigation.
So, how does the mediation process actually work? Let's break it down step by step.
Step 1: Agreeing to Mediate
Before mediation can begin, both parties must agree to participate in good taith by either
Voluntary Mediation - Parties can choose to mediate at any stage, even before legal proceedings begin.
Court Ordered Mediation - UK
courts now have the power to mandate mediation, particularly in small claims and,
increasingly, in higher-value disputes.
Once both parties agree, a mediation agreement is signed, outlining the ground rules, confidentiality terms, mediator fees, and the general framework of the process.
Step 2: Chose a Mediator
A neutral, accredited mediator is selected to start a conversation.
Common mediation bodies in the UK include:
The Civil Mediation Council (CMC)
Society of Mediators
Clockwork Mediation!
Unlike a judge or arbitrator, the mediator does not impose a decision.
Instead, they guide the conversation, helping parties explore solutions and find common ground.
Step 3: Preparing for mediation
Before the mediation session:
Exchange key documents related to the dispute. Submit a position statement outlining their case and desired outcome.
Attend a pre-mediation call to go over logistics and expectations. This step ensures that the mediation session is focused and productive.
Step 4: The Mediation Session
Mediation can take place in person or online, and typically follows this format:
1. Opening Session
The mediator explains the process and sets the ground rules.
Both parties make short opening statements about their position.
2. Private Discussions
The mediator meets separately with each party in confidence.
These discussions allow each side to express their concerns and explore settlement options private
3. Negotiation & Problem-Solving
The mediator helps the parties exchange offers, clarify misunderstandings, and work towards a mutually acceptable solution.
The focus is on a positive discussion and narrowing of the issues rather than blame.
4. Reaching an Agreement
If a settlement is reached, it is documented in a legally binding written agreement.
If no agreement is made, the case may proceed to court-but mediation often narrows the issues, making future negotiations easier.
Most mediations conclude within a day, making them a fast and efficient alternative to drawn-out litigation.
5. What Happens After Mediation?
If a settlement is reached, it can be enforced like a contract.
If no agreement is reached, both sides can continue with legal proceedings, but often with a clearer understanding of the dispute and narrowing of the issues with settlements shortly thereafter.
