Why mediation works

Not all personal or commercial disputes end up in court; solicitors frequently settle cases for their clients without the need for a hearing.  But mediation provides a structured but flexible process for cases which have not been settled (whatever the reason) and it can help avoid costly court proceedings.

Mediation – negotiation facilitated by a neutral person – is effective because...

• The key people – the parties themselves and their solicitors – are in the same place at the same time, focusing on the same problem, not just on the procedure

• Mediation is directed towards co-operation, not confrontation

• All parties can talk privately to the mediator about what they hope to achieve

• The mediator does not pass information to the other side unless specifically authorised to do so

• The mediation process and its confidentiality can help each side clarify underlying issues they might not want to discuss in public

• Each party can say what they feel, in a controlled environment, without sabotaging the negotiation

• Each party gets a chance to be listened to and understood - by the mediator, and potentially by the other side

• Mediation is safe – any party can walk away without compromising court proceedings.  The mediator controls the process, but subject to that the mediator does not tell anyone what to do.

Mediation is above all a negotiation. A mediator brings parties together, enables the communication of everyone’s point of view and facilitates discussion and co-operation, but the ultimate power to settle a dispute remains with the parties in dispute.