If you are considering mediation in the UK then there may still be some questions that arise. The effectiveness of Alternative Dispute Resolution to any dispute can assist the parties in coming to a quicker resolution and without the costs of a court case. Consider our benefits of mediation and the advantages that it brings. Below are some frequent questions that we are asked. If there are still some aspects that you are unsure of then please contact us.
No two disputes are the same, and often, there are a lot of contributing factors to the dispute that must be resolved. Complicated cases particularly can benefit from mediation services that help to find a place where both parties can see where a comprise can be made. Your mediator will gain a full understanding of both sides of the dispute before helping to guide parties towards a viable solution where a settlement is achieved.
Who pays mediation fees?
In almost all mediation services, the cost for mediation is split equally between the parties involved. However, it can be paid in any way that the parties agree to, or one party can pay the full cost if the other is unwilling to contribute.
Does mediation mean settlement?
For many individuals, settlement is the desired outcome of mediation, but it is not guaranteed or forced. If both parties agree to settle, a settlement can be made. However, disputes can also be resolved without a formal settlement in place and in some cases parties fail to reach a stage where a settlement can be agreed upon.
Is mediation confidential?
All meetings with a mediator are completely confidential from the first discussion that takes place. This includes joint meetings between parties and private meetings. While information must be shared between parties for the mediation process to progress, your permission is required to enable us to share the information you have provided.
Is mediation legally binding?
Mediation is only legally binding if both parties agree to enter a settlement. If the solution reached through mediation is agreed upon by all parties involved, a contract will be created which both parties will be required to sign. Once the document is signed, the agreement reached will become a legally binding contract.
Who attends the mediation?
The parties to the dispute will need to attend mediation. Sometimes they attend with their legal representative and sometimes it is with other professionals, friends or family members. As it is hoped that there will be a resolution, you should come with the people who can help make this happen.
Do you need legal representation?
Although it is often a solicitor who refers clients to mediation, there is no requirement for you to be represented. If there is agreement to enter into mediation by you and the person you are in dispute with, you can contact us directly.