Disputes are stressful, expensive, and time consuming. Civil mediation is a hugely successful way of resolving disputes without going to court. And yet, not enough people are aware of the potential of mediation.
Civil Mediation can be used to resolve any number of difficult scenarios. Here are a few examples:
It is important that people know that if they refuse to try mediation and take a dispute to court, they could face penalties for refusing to mediate. These penalties can be imposed if they win or lose at court.
So, What is Mediation?
Civil mediation is a type of Alternative Dispute Resolution (ADR). Civil mediation is used to quickly resolve civil disputes. It is an alternative way of resolving a dispute instead of going to court. When a dispute goes to court it can be one of the most stressful, emotional, time consuming, and expensive time periods you will experience as an individual or homeowner.
Mediation is a voluntary process, confidential at all times, which provides a real opportunity to resolve disputes quickly and without going to court. It is entirely flexible, so you can resolve your dispute with whatever terms can be agreed between you.
With mediation, it doesn’t matter if a dispute is worth £100.00 or £1 million, it can potentially be resolved with just 3 people in just one day.
We use our mediation skills to stop you from fixating on the problem. Instead we encourage you to focus on finding a solution which is good enough for everybody. It sounds simple, because it can be.
When should I mediate?
You can use mediation whenever you want to. Courts will often expect the parties to have at least attempted mediation before going to court. In fact, if the court decides that you have unreasonably refused to mediate a dispute before going to court, the court might penalise you even if you are successful at trial.
If we put it simply though, the earlier you use mediation the more you will benefit. Disputes will drag on for a long time before getting to court. And while it rumbles along towards a trial, you will be expected to commit a huge amount of your time, energy, and money in order to maintain your position and prepare for trial.
Obviously, if you mediate a dispute as early as possible, your savings will be much greater than if you wait until the court orders you to use mediation.
Proactive vs Reactive?
Mediation is often thought of as being a reactive procedure – a dispute occurs and then you enter mediation in order to resolve it. And it usually does – civil mediation has a success rate of over 80% in the UK.
But mediation can also be used proactively to prevent disputes from developing. Imagine there is a problem with one of your neighbours, and you’re worried that it could develop into something which could damage your relationship. Civil disputes can be extremely stressful and difficult – you often face conflict on your own doorstep. Resolving the problem and restoring good relations can be much easier if you use a mediator to guide you.
Civil Mediation – standard format
Nothing takes place at a civil mediation without your agreement. You are pivotal to the process, and to the outcome. Everything discussed during a civil mediation is entirely confidential.
The mediator calls everybody together to a venue on an agreed date. The venue will usually have 3 rooms booked – 1 room where everybody will meet, and a room each for the parties. Some discussions take place in 1 room with everybody present, some will take place in one of the private rooms with just the mediator.
The mediator will not suggest possible solutions or advise you on whether any proposed solution is in your interests or not. Throughout the day the mediator remains completely impartial. The mediator helps you to identify what is important, what is problematic, and what solutions can be explored and agreed.
During the course of the day, the civil mediation process will provide you with the best possible chance of negotiating a mutually agreeable solution. Once agreed, you will both draft and sign an legally binding mediation agreement which sets out the terms of the solution you negotiated together. The mediator is not involved in the drafting of this agreement.
The solution is in your hands.
A typical civil mediation or community mediation involving two parties will require 1 full day mediation session. Occasionally though, a 4 hour mediation session will be sufficient to resolve a civil dispute. It doesn’t matter to us how complicated your dispute is, we want our civil mediation service to be simple and straightforward and so we will charge a flat fee for each mediation.
If a dispute is particularly deep seated, then the mediation can continue at an hourly rate of £200.00 per party.
The above fees do not include VAT.
For mediations involving a dispute with 3 or more parties, we will provide a bespoke quote following receipt of more detailed information concerning the matter.
The only other expenses would be the cost of hiring rooms if the mediation could not take place at the office of one of the parties’ solicitors, or the overnight travelling costs of our mediator.
Mediation Retainer Package
A recent addition to our products – we offer a reduced cost package to acknowledge your commitment to mediation. Under our annual mediation retainer package, you commit to a monthly fee and we will provide an agreed number of mediations per year. These mediations can be used by you to resolve workplace disputes, civil disputes, or commercial disputes with a value up to £250,000.00.
Under this retainer a single mediation will involve 1 full day mediation session. For workplace mediations, it will involve our 3D Mediation format.
The retainer package is particularly useful to large businesses, law firms, local authorities, housing associations, frameworks, healthcare providers, or accountancy firms. The monetary and time savings for a business could be enormous. Below is an example of the savings to be made for commercial disputes valued between £25,000.01 – £250,000.00, as well as all civil and workplace disputes.
We believe every business can benefit from mediation training for its employees. It is especially suited to local authorities, housing associations, and social enterprises.
MediateLegal will take the time to attend your premises to provide a full assessment on whether your business should benefit from a bespoke mediation training session. We will ask you some detailed questions about your business and employees, and put together a tailored package to best suit your needs.
If you are interested in discussing this, please call us on 0151 363 3972, or by email at firstname.lastname@example.org