How Does Mediation Work?

Any person involved in a dispute can propose directly, either to their lawyer or to the other side that they would like to pursue mediation before fully engaging in litigation.

Alternatively, one of the lawyers involved in the dispute may suggest referring the case to mediation as a means of seeking early resolution.

If necessary the mediator will approach the other party to seek their agreement to mediation.

All parties retain access to legal advice and representation from their lawyers, if they wish, throughout the mediation process, and litigation still remains a final option if desired.

Once mediation has been agreed upon and a mediator chosen a formal document will be signed, setting out who will attend mediation, who the mediator is, the agreed fee and the time and place of the mediation.

Mediator’s Functions
The mediator’s role is to act as a catalyst to enable the parties to resolve the difficulty for themselves. To do this the mediator will: 

• Establish exactly what the dispute is about.
  
• Clarify the positions of the parties and translate them into terms that are clearly understood by the parties
  
• Establish what is important and what is not to each of the parties, give priorities to these various requirements’
  
• Establish areas of overlap and help each side to a position of compromise
  
• Extend discussions into matters or proposals not previously considered
  
• Make suggestions to each party concerning alternative solutions
  
• Exert pressure for a solution to be reached and seek a face saving formula where appropriate

On the day of mediation, the mediator will call the parties together and allow them a brief summery of the dispute from their individual perspective.

The mediator will see each of the parties individually to clarify points and help them work towards an agreement.
The mediator reveals nothing to the other side without express permission. Instead they act as a go-between and imaginative problem solver.

If an agreement is reached, the mediator prepares a document setting out the agreement which is signed by all parties.

Read: The Peacemaker for how mediation works in practice.

Mediation – the role of the lawyer
A mediation does not have to involve any lawyers. However if you are already involved in a dispute it is normal practice for your lawyers to be present for the mediation. In many cases your solicitor will recommend mediation as a potential way of resolving your dispute quickly and without the cost of a court case.

It is best not to use mediation if you want an injunction or a legal precedent.

Read Working with lawyers for more details about how Human Law Mediation works with solicitors.

At what point can you mediate?
Any time whether before or during court or arbitration proceedings, which may be "put on ice” while the mediation is being arranged and conducted. It is possible to draft mediation clauses into employment contract to reflect this.

Contact Human Law Mediation on 0844 800 3249 or email Human Law Mediation to discuss your case.