How mediation works

• The parties in a dispute agree to try mediation.
  
• The parties agree to a mediator - usually drawn from a joint list of names.
  
• Each party prepares a summary of their case with copies of the most relevant documents.
  
• The mediator contacts both sides separately - gathering and imparting relevant information.
  
• The mediator and the parties agree a mutually convenient and appropriate venue and date for the mediation. Normally, a day is set aside.
  
  
• The venue normally consists of separate rooms for each party and (if present) their solicitors and a 'neutral' room where the parties will meet jointly, usually with the mediator.
  
• At the beginning of the session, the parties meet with the mediator in the neutral room where the ground rules are explained and where each party will be invited to make a brief statement of their case.
  
• The parties then move to their rooms and the process begins – with the mediator moving in between to establish common ground and to help the parties find a resolution.
  
• If resolution is reached, this can be drafted into a short form agreement which can then be made binding on the parties.

Why choose mediation?
Cost     It is much less expensive than litigation
Time      Preparing to go to court to settle disputes can take months and even years. Mediation can be set up and take place as soon as the parties are available; sometimes in days.
Control   Mediation is, by its nature, not confrontational and therefore much less stressful than litigation because the parties are in control of the process, and the outcome. It is in many ways a more mature way of dealing and resolving conflicts.
Confidential     The entire mediation process is confidential and 'without prejudice'.
Win-Win     Mediation aims at reaching a resolution acceptable to both parties. This often lead to a ‘win-win’ outcome for both parties. Unlike traditional court cases where the outcome is decided by a judge, in a mediated outcome the ‘winner does not take all’.

Accountability          Increasingly, courts expect parties to consider mediation, failure to do so may affect any costs award made in a court case. 
Relationships            During litigation, relationships are often irretrievably damaged. Mediation provide parties with the opportunity to rebuild and strengthened relationships and is highly successful at achieving this.
Success         Mediation results in a satisfactory resolution to both parties in around 80% of cases.