Mediation - FAQ

Answers to frequently asked questions about Alternative Dispute Resolution and Mediation from The Faculty of Mediation & ADR.

Further information may be found in the Academy's book - Resolving your Dispute by Mediation

ADR | Cost | Description | Faculty of Mediators | Getting started | Lawyers | Mediator | Operation | Popularity | Privacy | Settlement | Speed | Success rate | When |

What is ADR?

ADR is Alternative Dispute Resolution, which means that it is an alternative to court or arbitration. Mediation is the most common form, but there are many others which may perhaps suit your problem.

The Academy of Experts will give information free on request.

What is Mediation?

• It is a very quick inexpensive and private way of settling any dispute
  • from one worth many millions of pounds (or dollars) to one worth a few hundred
  • between persons or corporations in any country or countries,
  • within and across International Boundaries.
• It is particularly appropriate when the parties wish to have an ongoing business relationship.
• It works well however many there are in the dispute, and whatever the dispute is about.
• It is "Without Prejudice" and completely private.
• It is suitable for Building Disputes, Personal Injury Cases, Partnership Disputes, Negligent Claims, Contract Disputes, Patent or Trade Mark Disputes - or indeed any dispute, (but we do not normally supply mediators for Matrimonial Disputes).
• It is not appropriate if you want an injunction or a legal precedent

How does Mediation Work?

• Each disputant agrees to mediation, pays a fee, and attends with the mediator and the opponents at an agreed place.
• The mediator will explain the procedure, and then each side gives a short summary of their case.
• The mediator will then see each side separately, and will find out what is behind the dispute, what the issues are, what is agreed, what is actually in dispute and what each side really wants.
• The mediator will not reveal to the other side anything said without express permission.
• The mediator acts as a go-between and as an imaginative problem-solver.
• The mediator's task is to assist the parties to reach their own settlement.
• The mediator cannot give any judgment.
• Any one can walk out at any time
• At the end of the mediation, successful or otherwise, the mediator destroys the notes in the presence of the parties.

Settlement in Mediation

• The disputants reach their own settlement.
• They can make this legally binding if they so wish.
• The settlement can include anything they wish: (e g - a new contract - more work done - a restriction and so on). It is not restricted to damages, interest, and costs as in a judgment or award.
• Remember - the mediator cannot give any judgment.

The Mediator

• The mediator is specially trained to help disputants reach a settlement.
• An untrained person acting as a mediator is a potential disaster area.

Lawyers in Mediation

• This is your choice
• Many lawyers are themselves mediators. They are always welcome.
• Many see a lawyer for advice, and then attend the mediation without one.

When can you Mediate?

Any time whether before or during court or arbitration proceedings, which may be "put on ice" while the mediation is being arranged and conducted (But do not miss a limitation date !)

Cost of Mediation

This depends mainly on the time estimate and amount involved. A simple half day case might cost as little as £500 (plus VAT) for each side, plus the cost of the room, and the mediator's travel expenses.

How long does Mediation take?

Usually 4 to 6 weeks from the first approach, but can be very much quicker if so desired. The mediation itself lasts on average less than one day (In one case, a mediation was requested on Friday for a case listed for hearing on the following Wednesday; the mediation was arranged for the Monday, and was successful)

Success rate of Mediation

• Over 75% of all mediations are settled there and then.
• More are settled later, the mediation having helped direct the minds of the disputants.
• Remember that of every 100 writs issued in the English High Court, only 3 come to trial. The money wasted before settlement is phenomenal.
• A survey of 142 major companies in the USA estimated that they saved more than $100 million in legal costs in a single year by using ADR.

Privacy in Mediation

• Mediation is completely private, and within the complete control of the disputants.
• The mediator destroys the notes at the end, and cannot be called as a witness.
• The mediation is "Without Prejudice," which means that what is said cannot be used in any court or arbitration proceedings unless a legally binding agreement is made.

Why is Mediation not used more often?

• Because it is relatively new; - some people are suspicious of it, many have not even heard of it.
• The English and Scottish courts have issued practice directions which include ADR. A national scheme (the National Mediation Helpline) has been set up by the Ministry of Justice (which the Academy is a provider to) and there are a number of court annexed schemes around the country. There has also been the recent introduction of in-house court mediators in the small claims court.
• We have many instances of one side wanting mediation, and the other side refusing. If you have this problem, then please contact us, and we will try to persuade the other side of the advantages of mediation; there is no charge for this service.

How to commence Mediation and find a Qualified Mediator

Contact The Academy of Experts, 3 Gray's Inn Square, London, WC1R 5AH
Telephone: +44 (0)20 7430 0333
Fax: +44 (0)20 7430 0666
e-mail: The Academy

We publish The Register of Qualified Dispute Resolvers which gives details of trained and qualified mediators.

This is done under the auspices of The Faculty of Mediation and ADR, whose Principal is Sir Anthony Colman.

We look forward to hearing from you.