Mediation is one of the cornerstones of Dispute Resolution Service (DRS).   Mediation is a voluntary, non-binding and confidential process where a neutral third party intervenes at an early stage to help parties bring their dispute to an amicable settlement.  Generally, if a dispute settles through mediation it leads to cost savings for the parties.  In addition, if the parties themselves have devised the solution to their dispute, it is more likely to stick.

Civil Mediation

How it works

An appointed mediator contacts each side and has a series of telephone calls to encourage communication between the parties and help them to generate options for settlement.   The process is confidential: anything a party says to the mediator will remain confidential unless the mediator has express permission from one party to put their comments to the other party.  
In addition, if the case does not settle, and the complainant pays the fee for the Expert decision, the mediator’s notes and any correspondence generated during the ten days are removed from the file.   This allows the parties to speak freely, for example, about the strengths and weaknesses in their case or the testing of settlement options, without fear that it could be used against them in any way in the future.
By entering the mediation process the parties are not bound to settle their case.   The mediator cannot force the parties to settle or to impose a solution upon them.   In addition, mediation allows the parties to discuss several settlement proposals as no settlement is binding until the parties have signed the settlement paperwork

Family Mediation

When families separate, it is usually better if they can sort out the arrangements for the future between them. Mediation is a process of negotiation (conducted with the help of a mediator) to help reach decisions about these arrangements together. Mediation aims to help find a solution that meets the needs of all parties involved, including children, and is felt is acceptable. At the end of mediation, all parties should feel that there has been no ‘winner’ or ‘loser’, but they have come to an arrangement that they can all live with. Mediation can help to reduce tension, anger and misunderstandings, and improve communication between those involved. This is especially important if children are involved, because it is probable that co-operation is required over their care and upbringing.

What can I use mediation for?

Mediation can be used to help make decisions about any or all issues, including:

• arrangements for children;
• financial arrangements;
• dividing up property;
• other practical issues to do with separation or divorce; and
• how both sides will communicate with each other in the future.

When can I use mediation?

Mediation can be used at any stage it is felt it would be beneficial, whether couples are:

• still living together;
• living separately; or
• already divorced.

Mediation can be used whether or not court proceedings have started.

How long does mediation take?

Mediation usually lasts for between two and five sessions, each of about an hour and a half. However, the time it takes depends on how complicated a dispute is.

What happens at the end of mediation?

At the end of mediation, a written summary is usually produced of the decisions that have been agreed. This is not a legally binding document and it is advised that a solicitor reviews this before any commitment is made to a legal agreement or a court order.

Is mediation confidential?

What is said in mediation is normally confidential, and the mediator will not pass on anything to anyone else unless both sides agree. However, there are two situations where information could be passed on:

• If it seems from what is said during mediation that someone has been seriously hurt or is at risk of being hurt, then the mediator should make sure that the police or social services are told.
• If something is said in mediation that leads the mediator to believe that either side is benefiting or has benefited from the proceeds of a crime, the mediator might have to stop the mediation or report this to the police.

Whatever is said in mediation cannot be used in court later if mediation breaks down. However, this does not apply to factual information that is provided, such as details of income and property. This can be used in any later court proceedings and passed to lawyers.