Frequently Asked Questions

Typically the two parties in a dispute share the costs equally. If one party cannot or will not meet all of their share, it is possible for the other to make up the difference. This does not affect the mediator’s neutrality or the legal force of any agreement signed by the parties after mediation.

The earlier the better as disputes not only cost you money in management resources and legal fees, they’re also highly distracting and waste mental energy.

You can choose mediation at any stage of your dispute – from the initial disagreement right up to the eve of a trial. If you have instructed lawyers and legal proceedings have begun, your timing decision should consider the costs and risks of litigation versus the likelihood of success at trial.

Early mediation saves money but you may lack detailed evidence like witness statements or expert valuations. Equally, waiting for more information increases costs and may not add as much as you hoped.

Once you and the other party put your agreement in writing and both sign it, it is a contract.

Both parties will sign a mediation agreement which sets out how the mediation will work, how it is paid for etc. 

Your mediation typically uses a three-room setup, whether conducted online via platforms like Zoom or in person at a neutral venue. You’ll have your own private space, the other party has theirs and there’s a shared meeting room where you can engage in face-to-face discussions, exchange information and work toward a settlement.

The aim of your mediation is to enable both parties to suggest ideas for settling the dispute and to negotiate freely “without prejudice” ie things you say or disclose cannot be brought up later in court and used against you.

This principle is part of the the Mediation Agreement which sets out the terms of your mediation.

Everything said during the mediation remains confidential.

Your mediator is entirely neutral They are not acting as a judge and they do not offer legal or any other kind of advice to you or the other party.

Your mediator is there to facilitate your settlement of your dispute. Your mediator will have confidential discussions with you and the other party in private (virtual or physical)

 Your mediator will help you reflect on the strengths and weaknesses of your position, enabling you formulate options for agreeing a way forward.

Your mediator may hold joint meetings between you and your legal representatives or just your the legal representatives, all the time looking for ways to keep you moving towards a settlement. Your mediator will shuttle back and forth between the private rooms to discuss the proposals made by you and the other side.