Mediation – Frequently Asked Questions
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We provide ADR services, with a focus on mediation and mediation training – to individuals and organisations in the UK and internationally.
ADR means Alternative Dispute Resolution, which has the same meaning as the ‘ADR’ part of our name.
It depends on the mode of mediation. The duration of telephone mediation can be from 1 – 2 hours or more, depending on the circumstances. Face-to-face mediation can take 2 – 3 hours or a full day from 10am – 5pm. Some more complex disputes may require more days. The length of the mediation will usually depend on the complexity of the matter to be resolved. The mediator can give a rough estimate as to how long a mediation session will take.
We use our venue located in the prestigious and secluded Innova Business Park, in Enfield, North London. It is well suited for mediation due to its quiet and private environment. We can also arrange a different venue at the parties’ request.
The benefits of mediation are recognised by the government, solicitors and many other official bodies. It is a requirement that all court applicants at the Family Court, attend a mediation assessment and information session before making an application and most civil cases are referred for mediation by the courts. Mediation is:
-Parties remain in control of the situation
-Less stressful than going to court
-Cheaper than going to court
-Enhances your personal and business relationships
Our fees are flexible, depending on the circumstances of the parties and the complexity of the case and financial value in dispute. We operate a different fee structure for our Preventative Mediation services. Please call us on 020 8350 8526 or email email@example.com, to discuss the costs of our preventative mediation and other services.
This is where a mediator assists in preventing or managing a dispute or conflict, rather than resolving it through the typical mediation process. It is applicable where there are no existing disputes. Examples of preventative mediation include Deal Mediation, Project Mediation and Integrated Mediation Policy.
No. Mediation is a voluntary process that depends on the willingness of the parties for it to work. This is a fundamental principle that makes mediation very effective. However, the agreement, which the parties sign at the end of the process is binding as would a normal contract.
Firstly, most mediations are successful. Where an agreement is reached the parties will sign a Settlement Agreement, with the assistance of the mediator. However, where no agreement is reached on the day, the parties may attempt a further mediation session or ultimately seek redress in court as a last resort. For family disputes, parties may sign a Memorandum of Understanding, which can be used to prepare a Consent Order or Deed of Separation. Please note that due to mediation being confidential and ‘without prejudice’, nothing that has been discussed in the mediation can be subsequently used by lawyers of either party in court. This can only happen with the agreement of both parties and the mediator cannot be called as a witness to give evidence in court.
It is a legally binding contract that reflects the terms of the parties’ settlement. It is recognised and enforceable in court, as would a normal contract. Our mediators will assist in drafting an effective Settlement Agreement.
Preparation is very important for all the parties prior to mediation. It is important that you fully consider your approach, options, “bottom line” and any creative/strategic solutions. Adequate preparation will help in the smooth running of the process and enhance your chance of achieving a settlement. We will provide detailed guidance on how to prepare prior to the mediation day.
Any party who is directly involved in the dispute, but must have authority to settle. This means that the party(s) must have the legal capacity to settle the matter/sign the Settlement Agreement on their own behalf or on behalf of a company.
Solicitors and other legal advisers are welcome to attend mediation sessions. You are also free to seek legal advice at any point during the session. Friends and family are welcome to attend both in support and as witnesses.
Mediation works for most disputes, but there are certain cases that would require a third party determination such as a judge or arbitrator. This will normally depend on a number of factors. Please contact us for a free consultation where we can let you know about the suitability of your case.