Mediation overview and benefits

Summary

Mediation is a type of alternative dispute resolution (ADR). All forms of ADR seek a resolution to a dispute without incurring the full risk and cost of going to a court trial. Parties cannot be forced to agree to mediation (although the courts are increasingly encouraging mediation and may penalise a party that simply refuses to mediate without very good reason) or to reach a settlement if they agree to mediate. Timing is also key. In many cases, the parties are unwilling or otherwise not ready to mediate at the beginning of a dispute and most commonly mediation works at an opportune and important point (which may vary in each case) after court proceedings have been started. The starting point for almost all mediations is to ensure that the mediator fully understands the dispute and the parties current positions by ensuring that he or she has all the necessary documents and information and often a summary of each side’s position. Once that has happened, a date will normally be set for the mediation. It’s common for this to be a single day as it helps to focus the parties on looking to narrow the issues in dispute. Mediation works in practice like shuttle diplomacy. The parties.

Key information

• •Family law mediation - including divorce, separation, divorce finances, children issues.
• •Professional negligence mediation - often with insurers representing the defendant.
• •Breach of contract claims - works especially well where the parties have an important and longstanding relationship.
• •Shareholder dispute mediation.
• •Landlord and tenant disputes.
• •Neighbour dispute mediation - these sorts of disputes can be highly personal and emotive, mediation can be a great way to focus on the problem rather than the personalities.
• •Personal injury claims - a mediated settlement tends to be a good approach where liability has been admitted but the parties are far apart in terms of agreeing quantum (the appropriate value of damages).
• •Mediation is a type of alternative dispute resolution (ADR). All forms of ADR seek a resolution to a dispute without incurring the full risk and cost of going to a court trial.
• •Parties cannot be forced to agree to mediation (although the courts are increasingly encouraging mediation and may penalise a party that simply refuses to mediate without very good reason) or to reach a settlement if they agree to mediate. Timing is also key. In many cases, the parties are unwilling or otherwise not ready to mediate at the beginning of a dispute and most commonly mediation works at an opportune and important point (which may vary in each case) after court proceedings have been started.
• •The starting point for almost all mediations is to ensure that the mediator fully understands the dispute and the parties current positions by ensuring that he or she has all the necessary documents and information and often a summary of each side’s position. Once that has happened, a date will normally be set for the mediation. It’s common for this to be a single day as it helps to focus the parties on looking to narrow the issues in dispute.
• •Mediation works in practice like shuttle diplomacy. The parties will normally be asked to attend a venue and will be in separate rooms. The mediator will then go back and forth exploring issues between the parties.
• •The entire process is flexible. If some progress is made but a full agreement can’t be reached, the mediation might continue or the parties may agree to adjourn and come back for another day. Momentum is important. If progress is made and the parties are becoming less hostile to each other it’s generally important to progress as quickly as possible so that positions do not harden again.

Practical guidance

• •Source: [Mediation overview and benefits](https://www.taylor-rose.co.uk/posts/mediation-overview)

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