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When should I mediate?

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 – 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 key suppliers, and you’re worried that it could develop into something which could damage the relationship. A difficult conversation will be required to attempt to resolve the problem and maintain good relations. This process can be much easier if you use a mediator to help you

How does mediation work?

Quick Contact

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Did you know?

Workplace disputes will affect profitability and performance. Use mediation to resolve disputes swiftly.

The longer a dispute continues in the workplace, the more dramatic the effect on those working in or around it.

Conflict between employees can spread throughout the workforce, affecting morale and performance, if untreated.

A 2008 CIPD survey found that 51% of respondents use an external mediator to resolve people problems and conflict.

A 2008 CIPD survey found that 75% of mediations were initiated by HR departments.

If you express your anger you will start an argument; if you explain your anger you will start a discussion.

In 2016 mediation will have saved UK businesses £3 billion in wasted management time & productivity, damaged relationships, & legal fees.

Ignoring ‘mega-cases’ the total value of mediated disputes in the UK each year is £11.5 billion.

Since 1990, the total value of mediated cases in England & Wales is £110 billion.

CEO of regional Charity – “We have had cause to use Mediatelegal recently and I was delighted with their service. the mediator was patient during a very emotional and somewhat difficult situation but handled it beautifully. We saved a significant amount of money and would highly recommend this organisation to anyone wishing to avoid costly legal bills.”

Linda Lavery, The HR Dept: “I cannot recommend them highly enough. They were brought in to resolve a complex dispute which had continued for months with no resolution. The process was managed from start to finish by Mediatelegal and with their expertise and impartiality, the conflict was resolved amicably for all parties in just 1 day. The management time and money that has been saved is incalculable.”

According to the CEDR 2018 audit, 89% of mediations settle successfully on the day or shortly afterwards.

You are entitled to recover certain expenses incurred when attending a SEND mediation session.

An individual might potentially require an Education, Health and Care Plan (EHCP until they reach the age of 25.

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