Question 1

Is mediation legally binding?

Accepted Answer

Yes. While mediation itself is a voluntary process, any agreement reached can be put into a legally binding contract. If proceedings have been issued, then this can be incorporated into a Tomlin Order. Civil/commercial mediation are usually settled in this way. Agreements in respect of workplace and “relationship” mediations are usually not intended to be legally binding.

Question 2

How long does mediation take?

Accepted Answer

A mediation process can be completed (from initial instructions to conclusion) as quickly as the diaries of the participants permit. In order that the parties can prepare properly, it is often beneficial to allow two to three weeks in advance of the mediation day to allow for initial contact with the mediator and proper preparation.

Most civil/commercial mediations are schedule for a day following initial preparations. Those which are more straightforward can be scheduled for, say four hours, with an option to extend the time provided all parties allow for this flexibility.

Workplace and other similar mediations are usually scheduled for a three to four hour session following the initial contact calls/meetings and can be completed within one session. However sometimes additional sessions are required, depending on the complexity of the dispute.

Question 3

Can mediation be conducted remotely?

Accepted Answer

Yes. We offer online mediation services via secure video conferencing, providing flexibility for clients across the UK and overseas.

Question 4

Who can attend mediation?

Accepted Answer

Mediation will invariably involve decision-makers from each of the parties to the dispute as well as such legal representatives, and/or experts and advisers if required. Sometimes, it is sufficient for additional advisers to be available remotely.

Legal and other advisers are generally not required in relationship mediations. Sometimes the parties decide to bring a “supporter” but usually that person will not play an active role and generally the other party would be invited to agree that they can do so.

Question 5

Do I need a solicitor to participate in mediation?

Accepted Answer

While it is not mandatory to have legal representation during mediation, some parties choose to have their solicitors, barrister and/or other advisers present or consult with them beforehand to receive legal and other professional advice. In civil/commercial dispute which may involve detailed negotiations if you do not have a solicitor, it is worthwhile bringing a trusted supporter or friend as there will be long periods when you will otherwise be on your own, whilst the mediator is with the other party. Remember, also, that the mediation process can give rise to unexpected issues and that the mediator cannot provide legal advice.

Question 6

What happens if mediation does not result in an agreement?

Accepted Answer

If mediation does not lead to a resolution, parties retain the option to pursue other avenues, such as litigation. Importantly, discussions and materials from the mediation remain confidential and cannot be used in subsequent legal proceedings.

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