Mediation is the most common form of alternative dispute resolution process. It involves the parties employing (and sharing the costs of) a neutral, professional mediator. The parties generally meet for a day, at the outset, together in the presence of the mediator. After stating their opening positions, the parties tend to retire to separate rooms with their legal advisors. The mediator then conducts a form of shuttle diplomacy between the two sides in an attempt to find common ground and build a consensus.

In contrast with litigation, the process is entirely voluntary and consensual rather than adversarial. The parties are free to walk away from the mediation at any time.

The mediation meeting and any documents prepared for it are entirely without prejudice. This means that nothing said or written during the mediation process can be referred to in court if the matter proceeds to trial.

Mediation provides an effective forum for exploring the possibility of a wider commercial solution. This contrasts with the all-or-nothing gamble of litigation. If an early settlement is possible, then it will save the parties considerable sums in legal costs and lost management time.

The added value of the mediator should not be underestimated. The mediator is in a position to say things to one side that will not have the same impact if said by an opponent. The mediator can stand back and take an objective view, free of the historical baggage of the case. In short, the mediator should have the skills to break the impasse which the traditional litigation process can bring about. Overall, at least 70% of mediations result in a settlement on the day of the meeting or shortly thereafter.

Offering to mediate should not be seen as a sign of weakness. The courts are actively promoting mediation and have a discretion to penalise litigants if they unreasonably refuse to mediate.

The dispute resolution team has wide experience of the preparation and conduct of mediations across Northamptonshire and Buckinghamshire and is proactive in explaining the process to clients as part of our goal to find a swift, cost effective solution to disputes.