Can mediation be used even if the parties are not part of a formal litigation process?

Yes.  Mediation can be used to settle any dispute.  We encourage parties to consider mediation very early in a dispute, before litigation costs start to be incurred.  We also mediate in boardroom and work-place disputes and in respect of commercial contracts where relationships have become strained but no formal dispute has yet occurred.

Is there a limit on the number of parties who can be party to a mediation?

No.  Any number of parties can be party to a mediation. 

Can any information I disclose in a mediation be used against me later in court or published?

No.  All information disclosed as part of a mediation is confidential and without prejudice, which means that it cannot be disclosed in later court proceedings.

How long does a mediation usually take?

Mediations usually last for a complete day but some can be completed within half a day.  Complex mediations sometimes run for several days.

Do I need to be represented by a lawyer in a mediation?

No.  Parties often have legal representation where a litigation process is ongoing.  This is not strictly required.  In commercial disputes, where litigation has not yet commenced, parties often come to the mediation unrepresented.

How successful is mediation compared to other methods of dispute resolution?

The Centre for Effective Dispute Resolution (CEDR) has undertaken research which shows that 86% of mediations result in an agreement between the parties.  This is extremely high when compared with other forms of dispute resolution.

What happens if the mediation does not succeed?

If the parties do not agree a position at the end of a mediation, we will continue to maintain contact with them.  Disputes often settle in the weeks following the mediation day.  Mediation gives the parties time to consider their positions and reflect.  It is often considered a worthwhile process even if agreement is not reached when the parties are in a room together.

Do you have a complaints policy?

You can find a copy of our complaints policy here