Mediation information line: 01483 216815
What is mediation?
Mediation is an alternative way to resolve a dispute without going to court. A trained mediator facilitates a discussion between the people who are disagreeing to find a compromise arrangement that everyone signs up to.
Civil mediation can result in a legally binding agreement. The process is voluntary, confidential, and "without prejudice" meaning what happens within the mediation cannot be referred to if there is a court hearing later on.
How does the process work?
LawWorks offers both telephone and face to face mediations, depending on the case. If LawWorks offers you a mediation, and is able to find suitable volunteers, the process usually goes like this:
- The mediator will contact you to discuss the disagreement and find out more about what you are hoping to achieve from the mediation
- The mediator contacts the other party to invite them to participate in the mediation
- Assuming they agree, the mediator helps identify a date and a place for the mediation
- You and the other person in the dispute will prepare position statements. These set out your understanding of the issues and your hopes for how to resolve it. Once these are completed, they are shared with the other person.
- On the day of the mediation:
At a telephone mediation
The parties will have agreed with the mediator on a time when everyone will be available to speak on the phone. The mediator will speak to one of you, then the other, in complete confidence. Your views will only be passed on by the mediator with your express permission, as the discussion continues.
At a face to face mediation
Every mediation meeting is different; however, they are always conducted informally. The mediator decides how best to spend the time available, usually a half day, whether in meeting together, or separately in order to progress negotiations. It is possible to have a mediation without being in the same room as the other party, but this is not generally recommended.
Who is involved?
A typical mediation will involve you and the other person in the dispute. Sometimes, one or both of you will have legal advisors. LawWorks can sometimes find a lawyer to attend the mediation with you for free. There may also be an assistant mediator, who helps the lead mediator with preparation etc.
Who are the mediators?
The mediators are all independent, qualified professionals, who volunteer their time with LawWorks. They do not give legal advice or make decisions or judgments. They are there to help the people in the dispute find a solution they are all happy with.