How mediation works

Mediation brings together all parties to a dispute and their lawyers with a neutral mediator. The aim is communication and negotiation, to achieve a mutually acceptable settlement.

Cambridge Civil Mediation have the skills and experience needed to give a mediation the best chance of success.

» Download notes on the mediation process

The strengths of mediation

• The mediator is completely neutral

• The mediator will treat everything you say as confidential – nothing you say will be communicated to the other side unless you specifically authorise the mediator to tell them.

• While the mediator controls the process, the parties control the content, with legal advice or guidance from their lawyers; each party decides whether to settle or not

• Attendance at a mediation is voluntary – any party can walk away if they wish

• Mediation is without prejudice to any court proceedings and confidential – no party can repeat outside anything said confidentially in the mediation

What to expect

If all parties agree to try mediation, CCM agrees a date and  makes the arrangements.  CCM will send a draft mediation agreement to the parties’ solicitors (or to the parties) for approval.   All parties prepare a short briefing statement for the mediator and supply copies of the main documents at least a week in advance of the mediation.  Any party may also prepare a private briefing paper for the mediator’s eyes only.

When the parties arrive for the mediation, they sign the mediation agreement and the mediator spends some time separately with each.  There may be a joint meeting if the mediator thinks it appropriate - a joint meeting allows each party to state their position  uninterrupted so that the other side can hear where they are coming from.   This gives each party the chance not to argue their case but to say things which the other side may not have heard or previously understood in full.  The mediator may prolong the joint meeting if the parties are communicating.

Subsequent discussions may take place separately between the mediator and each party or jointly if the mediator feels it would be beneficial. The mediator’s role is to hear and understand each party’s viewpoint, to enable communication of their viewpoint and then help the parties see the dispute as a problem to be resolved in order for them to decide what they want to do about it.  The objective is to do a deal.  

There are no set rules for a mediation – it can take as long as needed. But the involvement of a neutral mediator offers an independent channel for communication between those in dispute, while a structured approach to resolving differences gives each party the best chance to put their own point of view clearly as well as hearing where the other side are coming from.

The aim of mediation is to reach a mutually agreed solution acceptable to both parties. Once an agreement is reached, the momentum is maintained (as long as the parties are sure about it) and the deal is put into writing immediately and signed.