- Why should I try mediation?
- Which cases are not suitable for mediation?
- When is the best time to mediate?
- Do I need to have a lawyer with me?
- Can you recommend a good lawyer?
- The mediator won’t give legal advice so what do they offer?
- Are mediators properly trained?
- Are mediators insured?
- How much will it cost?
- Who pays?
- Do I have to pay even if it doesn’t settle?
- What if we don’t settle – what then?
- Do I have to go to mediation?
- Isn’t offering to mediate a sign of weakness?
- How long does it take to set up a mediation?
- Do I need to prepare?
Why should I try mediation?
You may want to try mediation if:
- You want to save money by avoiding ongoing legal costs
- You want a quick resolution rather than waiting for an outcome at trial
- You have a reason to resolve the dispute as amicably as possible – a family business, the other party operates in the same local area as you, relationship with a neighbour
- You want to avoid negative publicity
- You want to remain in control of the outcome
- You want to avoid the risk of the court case not ending in your favour
Which cases are not suitable for mediation?
Very few. Some people prefer to take a chance that the judge will find in their favour. Some people simply want to have their day in court. You need to weigh up your chance of success at court with the cost (financial, professional and personal) of continuing to go through the legal process and perhaps not getting the result you want.
When is the best time to mediate?
It is usually never too early and never too late. If you are already involved in a court case, you can mediate any time up until the judge makes his/her decision providing both parties agree. If you have not yet started legal proceedings, it may be worth considering whether mediation could help at this point before you incur legal fees.
Do I need to have a lawyer with me?
The choice is yours. Mediations can happen when both sides have legal representation or when neither side has a lawyer present. Be aware that it is not the mediator’s job to offer legal advice – they are an independent, neutral third party who must remain impartial.
Can you recommend a good lawyer?
The best way for you to find a local solicitor is to contact your local Law Society (the number will be in your local telephone directory or online).
The mediator won’t give legal advice so what do they offer?
The mediator’s job is to manage the process – to enable both parties to have honest conversations about what they really need to get an agreement and to move on. Their role is to help you to get to a settlement.
Are mediators properly trained?
Mediation training experience varies from mediator to mediator. RE:SOLUTION MEDIATION SPECIALISTS only work with mediators who have qualifications with the top three mediation training bodies in the UK. By choosing us, you are guaranteed a trained, qualified and experienced mediator.
Are mediators insured?
All our mediators are properly insured.
How much will it cost?
It depends on the type of case. We believe that the cost of mediation should be proportionate to the values involved. The best next step is to contact us for your free no-obligation consultation.
Who pays?
The costs of the mediation are split equally between the number of parties involved and paid in advance of the mediation.
Do I have to pay even if it doesn’t settle?
Fees for the mediation, split equally between both parties are paid in advance. This is the fee payable to the mediator for facilitating the process regardless of the outcome. However, even though a settlement can never be guaranteed, mediations have a very high success rate and 85% of them settle.
What if we don’t settle – what then?
All discussions during a mediation are ‘without prejudice’ – this means that nothing discussed can be used as evidence by one party in further legal proceedings. You will not be at a disadvantage by trying mediation if it does not settle – you may discover that the issues are clearer as a result.
Do I have to go to mediation?
No – the mediation process is totally voluntary. However, if the dispute is or will be subject to future court proceedings, be aware that the Court may award costs against you if you refused an offer to mediate earlier in the proceedings.
Isn’t offering to mediate a sign of weakness?
Not at all – even if you are convinced that you have a strong case, it is worth trying mediation to save time and legal fees. Even if you have a strong case, you cannot be 100% certain that the Court will find in your favour.
How long does it take to set up a mediation?
As soon as both parties agree to mediate and agree to use RE:SOLUTION MEDIATION SPECIALISTS, a date can be set usually within 1 working day and the mediation will take place typically within 2-4 weeks.
Do I need to prepare?
The mediator will make contact with you by telephone and ask you to send them copies of any relevant documentation. The mediator will also ask you to think about the key issues in the dispute and what you would like to get out of the mediation.