Mediation is a flexible and confidential process used to settle disputes between two or more people, businesses or organisations. The mediator, a neutral, independent person, actively assists the parties to work towards a negotiated settlement of a dispute or a difference, with the parties in ultimate control of the decision to settle and the terms of resolution. Any settlement reached is recorded in a written agreement.
At a mediation, there is no judge deciding the outcome, instead, the parties, supported by the mediator, identify the key issues and try to negotiate a mutually acceptable resolution of the dispute. The mediator helps the parties to reflect on commercial considerations as well as the legal strengths of their stated positions. The consensual nature of the process means that either party can elect to end it.
Mediations can be held before legal action is taken or while it is ongoing. Any offers or concessions made or information shared in the mediation are made “without prejudice” and cannot be relied on by the other side to advance their case in court.
Small claims disputes are ones where the value of your claim is under £10,000. If you issue your small claim at court, you pay a court fee and are then able to access the confidential telephone mediation service offered by the Court Service for free. If you want to know more about that process please click here, as it follows a different format. Similarly, business to consumer complaints schemes which sometimes incorporate mediation are not covered by this section. This section only relates to civil or commercial disputes, which are capable of being resolved before the civil or commercial courts, in which the parties have appointed a mediator of their choice.