FAQ
WHAT IS THE DIFFERENCE BETWEEN MEDIATION AND ARBITRATION?
Mediation helps the parties to a dispute to come up with a solution that is acceptable to them both. The Mediator helps to facilitate this, but the parties have full control over the outcome. An Arbitrator is usually appointed either by the parties or another body or organisation such as the Law Society and the outcome is binding on the parties. The parties can put their cases to the Arbitrator, but the Arbitrator decides.
WHAT HAPPENS IF THE DISPUTE ISN’T SETTLED AT MEDIATION?
Whilst 80% of cases referred to Mediation are settled either on the day or within a couple of weeks, if a dispute isn’t settled, it can still go to court or be referred to an Arbitrator.
WHAT HAPPENS ON THE DAY OF A MEDIATION?
The day starts with an opening session at which all parties are present and can make a brief opening statement. After that, the parties move to separate rooms and the Mediator holds private sessions with each party to gain a greater understanding of the dispute and explore any areas of potential resolution. The sessions usually progress into discussions around a possible resolution. What is said in these private sessions is confidential unless I am authorised to disclose anything to the other party or to make an offer.
HOW LONG WILL I HAVE TO WAIT FOR A MEDIATION HEARING?
This can vary but I would usually expect the Mediation to happen within a month of the initial approach.
WHERE IS THE MEDIATION HELD?
It can be held at any venue where there are enough private rooms for the Mediator and the parties. If solicitors are involved in the dispute, it can be held at their offices.
CAN MEDIATION BE CARRIED OUT BY ZOOM?
Yes. This is becoming more frequent and can be accommodated using break out rooms for the parties.
WHAT IS THE DIFFERENCE BETWEEN MEDIATION AND ARBITRATION?
Mediation allows the parties to a dispute in trying to come up with a solution that is acceptable to them both. The Mediator helps to facilitate this, but the parties have full control over the outcome. An Arbitrator is usually appointed either by the parties or another body or organisation such as the Law Society and the outcome is binding on the parties. The parties can put their cases to the Arbitrator, but the Arbitrator decides.