Underlying Principles of Mediation

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• Mediation is entirely voluntary and both parties must agree to take part in mediation.​

• Mediation brings parties together to try to find a solution and an agreed way forward.

• Mediation is not about apportioning blame.

• It is a collaborative and voluntary process and all parties are encouraged to suggest their own solutions.

• The mediator's role is to facilitate the discussions and help the parties negotiate positively to reach an agreement.

• The mediator is impartial and will seek to help all parties equally.

 

Ground Rules

 

• ​The mediation process is strictly confidential. Any information or documents arising from the mediation will not be disclosed to other parties or anyone else without permission. The only exception to this is where disclosure is required by law; e.g. money laundering.

• Any party may withdraw from the mediation process at any time.

 

Procedure

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• The mediation process can be started by either party directly or by their legal representative.

• Mediation cannot take place unless both parties agree to engage in the process. Ideally, the parties will already have agreed to mediation and it will be a joint referral.

• In initial discussions with all parties, I will explain the mediation process and if all the parties agree to proceed to mediation, we will agree on the timetable, arrangements and the correct fees (as set out in the Fixed Mediation Fee scheme).   Each party will be sent an "agreement to mediate" which they will be asked to sign and return together with their share of the fee payable.    I will also ask each party to complete a brief questionnaire providing a summary of the dispute and issues as they see them.

• Mediations can take place online or at a suitable venue.   We usually have an initial joint meeting to confirm the ground rules and procedure for the day. Each party will then have an opportunity to tell their side of the story and make any statements to the other side that they think may be helpful.    

• I will then discuss the issues and possible solutions in private meetings with each party in turn.    I will try to help the parties to look at the situation realistically, discuss the options and consider the best way forward. These individual meetings will be strictly confidential and I will not disclose any information to the other party or parties without a formal agreement to do so.    If and when it becomes appropriate, further joint sessions may be held.

• If an agreement can be reached, the details of the agreement will be written down and signed by the parties.   Copies will be provided to each of the parties.   Care will be taken to ensure that agreements are practical, and realistic and have contingency arrangements in should anything goes wrong in future.   

• Most disputes can be settled through mediation (the settlement rate is about 80%) and most can be resolved in a day. A strict timetable helps to concentrate the mind and drive the matter forward. Exceptionally, if no agreement can be reached at the initial mediation appointment, further meetings can be arranged as appropriate.  The process is not open-ended, however, and further meetings will only be arranged where all parties agree that it is worthwhile in the attempt to find a solution.