Frequently Asked Questions
Does the Mediator give a verdict on the case like a Judge?
No, there are other methods of alternative dispute resolution where an adjudicator is required to make a finding which is binding on the parties at the conclusion. In mediation it is the parties themselves who ultimately decide their own resolution. Unlike in a Court, resolution in mediation can often involve alternative outcomes which the parties agree which may not be open to a court to order in judgment. According to the figures published by the CEDR mediation is successful in approximately 80% of cases with the parties deciding their own agreements.
Will the discussions in mediation be used in evidence in Tribunal or Court?
No the mediation process is confidential and on a without prejudice basis which is agreed by the parties at the outset in the agreement to mediate.
Will I be showing weakness in agreeing to mediation?
No, even if you feel you have a strong case, you may be able reach a conclusion that a court could not offer, you could avoid further exposure to costs and the stress of litigation allowing you to move on sooner without the uncertainty of risk involved in litigation or potential for the case to drag on for many months if not years. Mediation is common sense.
Am I bound to mediate for the day or can I leave when I wish?
Mediation is totally voluntary. You may leave at any time but please have the courtesy to discuss your desire to leave before just disappearing.
Who pays for mediation?
The cost of mediation is borne equally between the parties or their respective insurance providers. Parties are required to pay when they commit to mediate and so costs are incurred even if you do not settle your dispute.
Does the mediator carry insurance?
Yes all our mediators are required to provide evidence of insurance to a minimum of £1 million pounds.
- It can be less stressful than the litigation process.
- It may lead to the win/win situation and rather than a win/lose situation as is often the case with litigation.
- It may lead to future business between the parties.