Structured Mediation Services
If you are in dispute with another party you have three choices:
- You can settle it yourselves. If you are reading this, presumably you’ve tried that already.
- You can go to court. It’s very expensive, very time consuming, one of you loses and the court will almost certainly suggest you try mediation first anyway.
- You can use a mediator to help you find a confidential agreement that works for both parties.
Want To Learn More?
To get our free detailed guide to the Structured Mediation process and a sample mediation agreement, enter your email.
The guide is a useful document to share with the other party when suggesting that you mediate.
Mediation or Litigation?
Litigation is linear and adversarial, while mediation is an exploratory process highly suited to disputes in the creative sector.
Mediation is about both sides communicating to the other what has led to the dispute and examining, in a deliberate way, if there is common ground that can be built on.
It can be a creative process. Unlike a court which is extremely limited in its options, mediation allows for imaginative ways to settle, which may be non-financial.
Mediation is completely confidential (unlike a court) and what you say cannot prejudice any later court proceedings.
The mediator is not a lawyer, nor a judge deciding who is more right.
Your lawyer can take part in the mediation to advise you but it is you trying to reach agreement with the other party, not two solicitors slugging it out.
If agreement cannot be reached by the end of the session, parties can decide to keep going, or reconvene, or to end it without agreement.
If you think an agreement is possible, you should mediate.
The Structured Mediation Process
Mediation typically follows a simple process.
A more detailed guide can be downloaded from our
Free Downloads page
Step 1: Agreement to Mediate
Both parties agree to mediate and they sign an agreement and send the mediator a confidential summary of their position.
Step 2: Pre-Meeting
We will make the arrangements for the mediation including date, venue and exchange of documents.
Step 3: Opening Session
Joint or indvidual session to set out position and any changes since the exchange of documents.
Step 4: Private Sessions
Individual meetings (with lawyers present if required) to explore options and potential areas of agreement.
Step 5: Further Joint & Private Meetings
To table and respond to proposals and note areas of agreement.
Step 6: Heads of Terms
Both parties and their lawyers (if present) note down and sign the principles of what has been agreed, to be refined, if required, outside the meeting.
If agreement cannot be reached by the end of the allotted time, parties may reconvene or conclude that agreement cannot be reached.
Our free guide goes into more detail on what to expect and how to approach mediation.